SALIMKHAN SARDARKHAN versus STARE OF GUJARAT

Citation: [1985] SUPP. 2 S.C.R. 854 · Decided: 18-09-1985 · Supreme Court of India · Bench: AMARENDRA NATH SEN · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
854 
SALI!llOIAN SARDAHKBe\N 
Vo 
STArE OF GUJARAT 
SEPTEMBER 18, 1985 
[AMARENDRA NATH SEN AND RANGANATH MISRA, JJ.] 
Indian Penal Code 
1860, Section 161 & Ptevention of 
Corruption Act 1947, section 5(l)(d) and 5(2). 
Police constable - Acceptance of bribe - Charge of - Demand 
and acceptance of bribe - Denial of - Claim of bribe aununt being 
C 
inserted in pocket - Defence plea accepted by Trial Court and 
acquitted - Conviction by High Court - Whether valid· 
The appellant who was a Police Constable was charged under 
section 161 lPC and section 5(1)(d) read with section 5(2) of the 
Fteveution of Corruption Act, 194 7. The prosecution case was that 
the appellant demanded a sum of Rs· 50 from PW 1 who was 
a taxi 
D 
driver and' in the habit of parking the taxi where parking was 
prohibited. Plf 1 informed the Anti-COrruption staff, a trap was 
laid and five Rs. 10 currency notes were treated with pbenolpht-
halien powder, made over to PW 1 to be paid as bribe. PW 9 the 
Inspector supervised the trap. After the currency notes 
were 
received by the appellant PW 9 and others recovered the money 
E 
from him. The currency notes were dipped into the mixture of 
sodiU11 Carbonate and the a11111e turned rosy in colour. Similarly 
the pocket of one shirt of the appellant and bis fingers were put 
to test ·and these too turned rosy. 
The defence of the appellant was. a total denial of the 
p 
bribe having been demanded and taken and he stated in the state-
ment under sec. 313 Cr. p;c. that the amount was inserted into 
bis left hand side pocket 1JY PW 1. 
In the Trial Court it was contended on behalf of the 
appellant that PWs. 3 and 8 the Panch witnesses were interested 
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in PW 1 and that PW 1 was previously working in the Police and 
had been removed from service. The Trial Judge disbelieved the 
prosecution evidence regarding acceptance of Rs. 50/-. by the 
appellant, and' accepted the defence stand that the currency notes 
had been inserted by PW 1 into the pocket of the appellant, and 
acquitted the appellant. 
H 
• 
SALIM KHAN SARDA!OOIAN v. STATE 
855 
In appeal by the State, the High Court held that the 
A 
appellant was a policeman who was about to retire in a short 
time, that be had been in service for more than 30 years and that 
it is not possible to believe that a policeman would not come to 
know if someone inserts currency notes in bis left hand side 
pocket, and reversed the order of aequittal passed by the Trial 
Court and convicted the appellant. 
B 
Allowing the appeal, 
BEU>: 1. The Trial Court had accepted the defence plea of 
possibility of insertion of the currency notes without the 
appellant knowing about it. The High Court reversed the trial 
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court in this regard by merely drawing a presumption on the basis 
of the appellant having been a policeman. The appellant was 
already nearing the age of superannuation and had been more than 
30 years in service. The High Court lost sight of the fact that 
the appellant may have lost bis agility and that the currency 
notes could have been inserted without the appellant knowing 
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about it. [857 G-858 A] 
2. Very clever people who are young snd agile are often 
victimised by piclt-pockets and only when _their valuables have 
been lost the fact is noticed by them. The process in the instant 
case, is the rever&e one. Instead of the pocket being piclted, 
currency notes have been inserted into it. [858 B] 
E 
3. The allegation that !'We. 3 and 8 were interested in Pl1J 1 
has not been carefully examined by the High Court yet the conclu-
sion of the trial court ·has· been disturbed. Pl1J 7 was admittedly 
present at the spot and he has categorically spoken that when the 
appellant's fingers were put into the mixture they did not tum 
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rosy. The trial court had referred to this fact and relied upon 
it• That evidence which had been accepted probabilises the de-
fence plea that the currency notes had not been received by the 
appellant in his left hand and, therefore, the insertion of the 
notes into the-pocltet of the appellant by some other person was 
more probable. This is the defence ples which has been accepted 
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by the trial court, and reversal by the High Court was therefore 
not warranted. (858 I>-E] 
CRIMINAL APPELLATE JURISDICTION 
of 1977. 
Criminal Appeal No. 117 
From the Judgment and Order dated 8.7.1976 of the Gujarat 
High Court in Criminal Appeal No. 11 of 1975. 
H 
856 
SUPREME COURT REPORTS 
[1985] SUPP.2 s.c.R. 
A 
Mrs

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