Case Brief: State of Andhra Pradesh Vs. T.Venkateswara Rao

Deciding Authority: Supreme Court of India
Date of Judgement: 4th February, 2003
Bench: Justice N.Santosh Hegde & Justice B.P.Singh
Facts of the Case: State of Andhra Pradesh is in appeal against the judgment of the High Court of Andhra Pradesh at Hyderabad made in Criminal Appeal No.491 of 1989 whereby the High Court set aside the judgment and conviction recorded by the Principal Special Judge for SPE & ACB cases at Hyderabad against the respondent herein. Brief facts necessary for disposal of the appeal are that the respondent who while working as Commissioner, Sangareddy Municipality during the year 1986- 87 demanded and obtained an illegal gratification of Rs.400/- to show an official favour to award the work order to PW-1 who was a successful tenderer in a municipality contract, thus committed an offence punishable under section 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947 (the Act) as also an offence under section 161 IPC.
Judgement of the Case: The Supreme Court held that Having heard learned counsel for the parties and having perused the records, we are unable to accept the argument addressed on behalf of learned counsel for the appellant. We think the High Court was justified in coming to the conclusion that the contract for which PW-1 had offered his bid was only under consideration and was not finally accepted therefore, the question of the respondent agreeing to give the work order on payment of bribe did not arise. The High Court was also justified in coming to the conclusion that on 24.4.1987 between 11 a.m. and 1 p.m. respondent was not in his office hence the prosecution case that PWs.1 and 2 approached him in his office on that day to pay the bribe cannot be accepted. The High Court was also justified in coming to the conclusion that no reasonable man would have agreed to accept the bribe in the presence of PW-2 who admittedly had a grievance against the respondent. These findings, in our opinion, are based on material on record and there is no perversity involved in the conclusions arrived at by the High Court in regard to these findings. Though learned counsel for the appellant is justified in contending that PWs.4 and 5 are independent witnesses hence their evidence ought not to have been rejected by the High Court, in our opinion the fact that they are independent witnesses ipso facto does not establish the prosecution case that the respondent demanded or received a sum of Rs.400 in the form of tainted currency notes on the said date. Their evidence only establishes the fact that when they entered the house, Rs.400 was recovered from under the mattress in the bed-room of the respondent and on testing the respondent’s hand tested positive for having handled the tainted money. This evidence even if it is accepted as true would not lead to an irresistible conclusion that this money was received by the respondent as bribe money because of the explanation given by the respondent wherein it is stated that the money in question was kept in advance by PWs.1 and 2 before his arrival in the house and he was asked to bring that money by PWs.4 and 5 when they came to his house which he did. Because of his handling the currency, he came in contact with the phenolphthalein powder. Bearing in mind the findings of the High Court in regard to the genesis of this bribery demand we think the explanation given by the respondent by way of defence and supported by evidence cannot be rejected as improbable or farfetched. In this view of the matter, we find no merit in this appeal. The appeal fails and the same is hereby dismissed.