SMT. MEENA versus STATE OF MAHARASHTRA

Citation: [2000] 3 S.C.R. 12 · Decided: 17-04-2000 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
SMT.MEENA 
v. 
STATE OF MAHARASHTRA 
APRIL 17, 2000 
B 
[DR. A.S.: ANAND, CJI, R.C. LAHOTI AND DORAISWAMYRAJU, JJ.] 
Indian Penal Code, 1860-Section 161-Preventi<;m of Corruption Act, 
'><.. 
1947-Section 5( 1 )( d) rw/S. 5(2 )-Offence under-Requirements of-Charge 
of acceptance of bribe by Revenue Record Keeper-Trap case-Recovery of 
c 
currency note lying on pad on the table-Whether can be held to be sufficient 
proof of acceptance of bribe-Held, No, in the facts and circumstances of the 
case-Defence case that currency note fell on the table in process of accused 
pushing it away with her hand when attempted to be thrust into her hand, held, 
A. 
acceptable. 
D 
Constitution of India-Art; 136-Appeal-Scope-Concummt findings 
suffer from serious infirmities and manifest errors-Obligation of judicial 
conscience to correct errors, where the same are manifest-Prevention of 
Corruption Act, 1947-Section 5(l)(d) read with section 5(2)-Indian Penal 
Code, 1860-Section 161. 
E 
The appellant, working as Revenue Record Keeper in the Collectorate 
was charged of the offences punishable under Section 161 of the Indian 
Penal Code and Section 5(1)(d) read with Section 5(2) of the Prevention of 
Corruption Act, 1947, for demanding and accepting a sum of Rs. 20 from 
PW-1, as gratification other than legal remuneration for doing an official 
F 
act of sending the relevant records to the copying section for providing 
copies of maps and khasra patrak, applied for by him. A trap was laid 
down. The currency note of denomination 9f Rs. 20 was found on the pad 
on the table and seized from that place when the trap party arrived. The 
lady constable immediately held both the hands of the accused and when 
the accused dipped her hands in the glass tumbler containing solution of 
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sodium carbonate, the colour of the solution turned to purple. The Special 
Judge held the charges proved and sentenced the appellant. On appeal, the 
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High Court.affirmed the finding recorded by the Trial Judge. Hence this 
appeal by special leave. 
H 
-The appellant contended that necessary and essential ingredients to 
12 
SMT. MEENA v. STATE 
13 
i 
,.A 
constitute offences could not be held to have been provided; that the 
A 
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controversy in respect of the manner of handing over the currency and its 
receipt sufficiently proved the defence case that PW-1 only attempted to 
thrust the currency into the hands of the appellant and when she refused 
the same by pushing with her hand, not only the currency note came into 
contact with her hand but in the process fall on the pad on the table from 
B 
where only it was taken and seized and that the non-examination of the lady 
constable, who first searched the spot after the alleged acceptance of the 
amount rendered the case of the prosecution self condemned. 
The counsel for the State contended that the concurrent findings of 
the Courts below did not suffer from any infirmities or irregularities, to call c 
for an interference in this appeal. 
Allowing the appeal, the Court 
HELD : 1.1. The currency note in question was not recovered from 
the person or from the table drawer, but when the trap party arrived the 
D 
note was found only on the pad on the table and seized from that place only. 
PW-2, one of the panch witnesses, who accompanied PW-1, as a shadow 
witness when he tried to give the bride, did not support the prosecution 
case. He has been treated hostile and his. evidence eschewed from consi-
deration by the courts below. The lady Constable, another shadow witness, 
E 
who first arrived on the spot after the signal was given by PW-1, was not 
examined at the trial. Law has always favoured the presence and impor-
tance of a shadow witness in the trap party, not only to facilitate such 
witness to see but also overhear what happens and how it happens also. In 
this case, the role of lady Constable was to enter first and hold the hand of 
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the accused immediately after the acceptance of the bribe amount and she 
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was stated to have done that as planned. For reasons best known, such a 
vital and important witness has been withheld by the prosecution, from 
being examined. One J who scribed the application dated 13.8.1986 for 
getting copies and who admittedly was all along with PW-1 and gave even 
the idea of lodging a compliant with the Anti-Corruption Bureau, has also 
G 
been withheld from being examined. The other person, who was present at 
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the place of occurrence

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