VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 375
753
intervention of the Anti-Corruption Bureau. The High Court held that
even in the absence of direct evidence of corroboration, the
circumstances are more reflective and speak with entire certainty
than the oral words of person in dock. They render full corroboration
to the version of P.W. 1 that demand was made on 24-1-89 and in
pursuance thereof acceptance was deviced. The High Court averred
that normal rule of corroboration has application in the normal
circumstances of the case, and that looking to the pecularity of the
case the circumstances followed thereafter would render complete
corroboration.
The High Court held that Accused No.1 made a demand of
Rs. 1300 from P.W.1 as an illegal gratification and that Accused No.2
has played a very substantial role in negotiating on the figure of the
bribe amount, also acting as a middle man and further taking P.W.1
for getting the notes changed at the dictates of Accused No.1 and he
therefore substantially abetted the crime. The High Court allowed
the appeal and set aside the order of acquittal and held both the
accused guilty for the offence punishable under secs. 7, 13(1)(d)
read with sec. 13(2) of the P.C.Act, 1988 and sentenced Accused
No.1 to 2 years rigourous imprisonment and a fine of Rs. 5000 and
Accused No.2 to 1 year rigourous imprisonment and a fine of Rs.3000.
The Special Judge recorded a finding of acquittal on the
ground that the sanction as accorded is bad in law as the
Commissioner of Police, though the appointing authority, is not
competent to accord the sanction, as it is not brought on record that
he was also disciplinary or removing authority. The High Court held
that the reasoning is per se wrong and the Special Judge lost sight
that the appointing authority inherently possess the power of removal
and as such the Commissioner of Police, who is the appointing
authority, was competent to accord the sanction. (See Rambhau vs.
State of Maharashtra, 2001 Cri.L.J. SC 2343 for decision of the
Supreme Court)
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