Bangalore District Court
The State By Police Inspector vs V.Sampath Narayan on 16 January, 2018
IN THE COURT OF LXXVI ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU.
(CCH-77)
PRESENT: Smt.SHRIDEVI S. ANGADI,
B.A., LL.M.,
LXXVI ADDL. CITY CIVIL & SESSIONS JUDGE
& SPECIAL JUDGE, BENGALURU.
DATED: This the 16th day of January 2018
Spl. C.C.No.100/2013
COMPLAINANT The State by Police Inspector,
Police wing, City Division,
Karnataka Lokayuktha,
Bangalore.
(Rep by Spl.Public Prosecutor)
-Vs-
ACCUSED V.Sampath Narayan, s/o
C.Venkatappa, aged 50 years,
Head Constable No.1595,
Audugodi Police Station
( L & O), Bangalore.
r/at No.2315, Kacheripalya,
Taluk Office Road,
Doddaballapur, Bangalore
Rural District.
(By Sri.C.G.Sundar, Advocate )
1. Nature of Offence Offence punishable under
Sections 7, 13(1) (d) r/w 13 (2)
of Prevention of Corruption
Act, 1988.
2. Date of
Commission
09.01.2013
of offence
3. Date of First
08.01.2013
Information Report
4. Date of arrest
09.01.2013
5. Date of
commencement of 22.09.2016
recording of
evidence
6. Date of 30.11.2017
closing of evidence
7. Date of
16.01.2018
pronouncement of
Judgment
8. Result of the case The accused is acquitted
under section 235(1) of
Cr.P.C. of the offence
punishable under section 7,
13(1) (d) r/w 13(2) of
Prevention of Corruption
Act, 1988.
JUDGMENT
The accused is charge sheeted for the offence punishable under Sections 7, 13(1) (d) r/w Section13 (2) of the Prevention of Corruption Act, 1988.
2. The case of the prosecution is that, the complainant-Sri Mahaveerchand J. is running pawn broker business under the name & style "M/s M.Nirmal Pawn Brokers" at Ambedkarnagar, Kormangala, Bangalore. The accused was working as Head Constable-1595 ( L & O), in Auugodi Police Station. About 6 to 7 days prior to filing of complaint, Audugodi Police, came to his shop in an autorickshaw along with a person and informed him that the said person is a thief and he sold the stolen jewels to him and asked him to come and meet his higher Officer at Police Station. On the next day, he received a phone call from the Audugodi Police Station. Accordingly, he went to Audugodi Police Station and met the Police Constable, who in turn introduced himself as Sampath and demanded illegal gratification in the form of 12 grams gold or Rs.35,000/- cash by saying that he has received stolen jewels from the thief and warned him that if he failed to comply with the demand, he will be implicated in the theft case and arrest him. After negotiation, the accused demanded Rs.20,000/- or 12 grams gold, to be payable to his higher Officer and extra amount for his personal expenses. The complainant has recorded the conversation in the Digital Voice Recorder. Since the complainant was not willing to pay the bribe amount, on 8.1.2013, at about 2.15 pm, he presented the written information as per Ex.P7 before CW22- S.T.Yogesh, Police Inspector, Police Wing, City Division, Karnataka Lokayuktha, Bangalore, who arranged for the trap. Digital Voice Recorder containing the conversation with the accused was produced along with the complaint.
3. CW2-K.Yuvaraj, the employee of Directorate of Sericulture Department & CW3-Chetan Kumar, the employee of Commissioner of Transport were secured to act as witnesses to the trap. The complainant produced Rs.22,000/- (44 currency notes denomination of Rs.500/-). The serial number of the currency notes was recorded in a white sheet as per Ex.P1. The said currency notes were smeared with phenolphthalein powder. CW3- Chetan Kumar after verifying & counting the tainted currency notes, kept Rs.20,000/- in the right side pant pocket and Rs.2000/- in the left side shirt pocket of the complainant. Both the hand fingers of CW3 were made to dip in sodium carbonate solution. The said solution becomes pink colour. CW22 has demonstrated chemical reaction when the phenolphthalein powder comes into contact with sodium carbonate solution. The Digital Voice Recorder produced along with the complaint was played in the presence of the witnesses. The complainant was instructed to speak with the accused about the work and to give the amount only on demand. He was further instructed to give signal by wiping his face through kerchief if the accused received the amount. The Digital Voice Recorder was given to the complainant with an instruction to switch it on at relevant point of time and to record the conversation. CW2-Yuvaraj was instructed to go to the shop of the complainant along with the Woman Police Constable, behave like customers and to observe what transpires between the complainant and the accused and to overhear the conversation. Button Camera was given to CW2-Yuvaraj with an instruction to switch it on and to record the scene. Step by step all the events were video graphed and contents of it were converted to CD. Entrustment Mahazar was prepared as per Ex.P2 and obtained the signature of the witnesses.
4. An attempt made to trap the accused on 8.1.2013 became failed, as the accused did not come to the shop of the complainant. In this regard, a Mahazar has been drawn as per Ex.P3.
5. On 9.1.2013, once again Pre-Trap proceedings were conducted. At about 12.05 pm, CW22 along with the Trap Team Members, complainant and two panch witnesses left for NGV, Kormangala, in two Government vehicles. CW2-Yuvaraj was instructed to stand nearby the shop premises of the complainant as public and watch the things. CCTV was installed in the shop premises of the complainant. CW22 was sitting in the store room and viewing the CCTV. At about 1.20 pm, the accused came in the motor bike and entered the shop of the complainant. He spoke to the complainant for some time. Thereafter, the accused came out of the shop of the complainant and when he was about to start his bike, the complainant gave signal. Immediately, CW22 came out of the store room, removed the key from the bike and apprehended the accused. The accused was taken inside the shop premises. CW22 disclosed his identity and informed the purpose of visit. When the accused came to know that he was trapped by the Lokayuktha Police, got angry, started screaming and shouting against the complainant by saying that "are you going to send me to jail", removed the tainted currency notes from his left side pant pocket and threw it on the face of the complainant. CW22 and other Trap Team Members made the accused to calm down. Both the hand fingers of the accused were washed in the sodium carbonate solution. The said solution becomes pink colour. The tainted currency notes of Rs.20,000/-(MO2) lying on the chair and the floor were recovered. The said currency notes were verified and tallied with the currency notes sheet. The balance amount of Rs.2000/- were recovered from the complainant. The pant of the accused was seized by making an alternate arrangement. CW22 has recorded the statement of the complainant & CW2-Yuvaraj and incorporated the substance of it in the Trap Mahazar. The Digital Voice Recorder given to the complainant at the time of trap was played in front of the witnesses. The contents of it were converted into CD and transcript into writing. The accused gave his statement in writing as per Ex.P14. CW9-Sri S.N.Subhashchandra, PSI (L & O), Audugodi Police Station, has identified the accused and his voice. In this regard, he gave his Report as per Ex.P15. The entire proceedings were video graphed. The contents of the video graph were converted to CD. All the seized articles were sealed with Metal seal by using the English word 'K" and handed over the Metal Seal to CW3-Chetan Kumar. Trap Mahazar was prepared as per Ex.P4 and obtained the signature of the witnesses. On 10.1.2013, the complainant produced the CD containing the CCTV footage and the same was played in the presence of the witnesses. The said CD was seized. CW22 has secured SHD of 8.1.2013 & 9.1.2013, Duty Roster Extract, Nominal Roll of the accused, list of the Mobile numbers of the staff of Audugodi Police Station, got xerox copies of the said documents, attested them through CW9 and seized it as per Ex.P17. CW22 has secured the service particulars of the accused (Ex.P18), Duty Allotment Order(Ex.P19), Mobile call details of the complainant & the accused (Ex.P20), Chemical Examination Report(Ex.P21), Spot Sketch (Ex.P22). After completion of the investigation, he sent the Final Report to the Sanctioning Authority seeking permission to prosecute the accused. CW22 received the Sanction Order on 21.5.2013 and submitted the charge sheet against the accused before the Court on 22.5.2013 for the offence punishable under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act,1988.
6. My Predecessor-in-Office took cognizance of the offence and issued process against the accused. In pursuance of the summons, accused appeared before the Court. The accused is enlarged on bail.
7. After hearing, the charge was framed for the offence punishable under Sections 7, 13(1) (d) r/w 13 (2) of the Prevention of Corruption Act, 1988. The Charge was read over and explained to the accused. The accused pleaded not guilty and claimed to be tried.
8. During the trial, the prosecution has examined in all 5 witnesses as PWs1 to 5 and got marked 22 documents as Ex.P1 to Ex.P22 and 14 Material Objects as MO1 to MO14. The accused was examined under section 313 of Cr.P.C. for the purpose of enabling him to explain the circumstances existing against him. The accused denied all the incriminating evidence available against him. The accused has not chosen to lead any defense evidence. I have heard the arguments and perused the records.
9. After hearing the arguments and on perusal of the records, the points that arise for my consideration are:
1. Whether the prosecution proves beyond all reasonable doubt that the accused being a public servant, working as Head Constable-
No.1595, Audugodi Police Station, Bangalore City, on 09.01.2013 demanded and accepted illegal gratification of Rs.20,000/- from the complainant-Sri Mahaveerchand J., in his shop- M/s M.Nirmala Pawn Brokers, situated at No.89, 1st Main road, Ambedkarnagar, Kormangala 3rd Stage, Bangalore, as a motive or reward for showing an official favour in the matter of not to implicate and arrest him in the theft case and thereby committed an offence punishable under section 7 of the Prevention of Corruption Act, 1988?
2. Whether the prosecution proves beyond all reasonable doubt that the accused being a public servant, working as Head Constable No.1595, Audugodi Police Station, Bangalore City, on 09.01.2013 by abusing his position as public servant, by corrupt or illegal means and without public interest obtained Rs.20,000/- from the complainant-Mahaveerchand J. as a pecuniary advantage and thereby committed Criminal mis-conduct punishable under section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act 1988?
3. What order?
10. My answer to the above points is as under:
POINT No.1: IN THE NEGATIVE POINT No.2: IN THE NEGATIVE POINT No.3: AS PER FINAL ORDER for the following:
REASONS
11. POINT No.1 AND 2: For the sake of convenience and to avoid repetition of facts, I have taken both the points together for consideration.
12. The prosecution has examined CW2-K.Yuvaraj as PW1. PW1 has deposed that on 8.1.2013, he was called to Lokayuktha Police station to act as witness in the trap. By that time, CW3- Chetan Kumar and complainant were present. The contents of the complaint were made known to him. The complainant produced Rs.22,000/-, denomination of Rs.500/-. The serial number of the currency notes was recorded. The said currency notes were smeared with phenolphthalein powder. CW3-Chetan Kumar after verifying and counting the tainted currency notes, placed Rs.20,000/- in the right side pant pocket and Rs.2000/- in the shirt pocket of the complainant. Both hand fingers of the accused were washed in the sodium carbonate solution. The said solution becomes pink colour. The complainant was instructed to speak with the accused, give the amount to the accused only on demand and to give signal by wiping his face through kerchief if the accused received the amount. He was instructed to follow the complainant and to observe the things. One lady staff was also instructed to go to the shop of the complainant and to act as customer. Button Camera was given to him with an instruction to switch it on and to record the scene. Digital Voice Recorder was given to the complainant with an instruction to switch it on and to record the conversation with the accused. Entrustment Mahazar was prepared as per Ex.P2. On the same day, all the Trap Team Members, complainant & CW3- Chetan Kumar left for the shop of the complainant situated at Eijipura nearby National Games Village in a Government vehicle. The complainant, CW19 & he went inside the shop. They waited till 7.00 pm, but the accused did not come to the shop of the complainant. As such trap became failed. Failure Mahazar has been drawn as per Ex.P3.
13. PW1 has further deposed that on 9.1.2013, once again pre-trap proceedings were conducted and left for shop of the complainant in the Government vehicle at about 1.00 pm. Lokayuktha Police Inspector, CW19-Vanajakshi & he, went to the shop of the complainant. Rest of the Trap Team Members were standing nearby the shop of the complainant. At about 2.30 pm., two persons came in the bike. The pillion rider got down from the bike and entered the shop of the complainant. He was standing in the shop of the complainant by acting as a customer. The Lokayuktha Inspector was sitting inside the room and viewing the CCTV. The complainant gave signal. The complainant gave tainted currency notes of Rs.20,000/- to the said person, who in turn received from his right hand and kept it in his left side pant pocket and came out of the shop. Immediately, the Lokayuktha Inspector, came out of the shop and apprehended the said person. The other Trap Team Members had also rushed to the spot. The accused was taken inside the shop. The accused was screaming and abusing the complainant by saying that " are you sending me to jail" , and he removed the tainted currency notes from the pant pocket and threw it on the face of the complainant. First, both the hand fingers of the accused were washed separately in the sodium carbonate solution, the said solution turned to pink colour. Thereafter, the tainted currency notes lying on the floor were recovered. The balance amount of Rs.2000/- was recovered from the complainant. Thereafter, the accused was taken to Audugodi Police Station wherein his pant was recovered. The accused has given statement in writing about he being in possession of the currency notes. The complainant and he handed over the Voice Recorder and camera to the Lokayuktha Inspector and same was played, contents of it were converted to CD and transcript into writing. Entire trap proceedings were reduced into writing. The Trap Mahazar was prepared as per Ex.P4 and obtained the signature. All the seized articles were sealed with Metal Seal by using the English letter 'K' and the Metal Seal was handed over to CW3-Chetan Kumar.
14. PW1 has further deposed that on 10.1.2013, once again he was called to Lokayuktha Police station and the CD containing the CCTV footage was seized and Seizure Mahazar was drawn as per Ex.P5.
15. During the course of cross-examination made on behalf of the accused, it is elicited that, as per the instructions of Lokayuktha Inspector, he was standing outside the shop premises of the complainant and watching the customers who were visiting the shop of the complainant. On 5.1.2013, at about 6.30 pm., he had seen the accused for the first time, on that day, Trap Mahazar was drawn. He signed the Trap Mahazar on 5.1.2013 in the Lokayuktha Police station. His statement was recorded on 5.1.2013. He did not go through the contents of the Trap Mahazar before subscribing his signature. It is further elicited that, he is aware that he being a public servant, will be departmentally held responsible if he gives evidence as against the Trap Mahazar.
16. The prosecution has examined CW3-Chetan Kumar was PW2. PW2 is co-panch witness. PW2 has deposed that, on 8.1.2013, he was called to Lokayuktha Police station. In his presence, pre-trap proceedings were conducted and Pre-Trap Mahazar was prepared as per Ex.P2. An attempt made to trap the accused on 8.1.2013, became failed. In this regard, Failure Trap Mahazar was prepared as per Ex.P3. On 9.1.2013, the accused was trapped. Trap Mahazar as per Ex.P4 was drawn. He subscribed his signature to the Trap Mahazar. The hand wash solution, tainted currency notes, pant of the accused & CD were recovered. All the seized articles were sealed with Metal Seal by using the English letter 'K'. The said Metal Seal was handed over to him and an acknowledgment was obtained. PW3 has produced the Metal Seal and it is marked as MO1.
17. During the course of cross-examination made on behalf of the accused, it is elicited that, the tainted currency notes were in the pant pocket of the accused. The tainted currency notes were recovered first, thereafter the hands of the accused were washed. Trap Mahazar was drawn in the shop premises of one Marwadi.
18. The prosecution has examined Mahaveerchand J as PW3. PW3 is the complainant. PW3 has deposed that, he is running Pawn Broker Business in Kormangala for the last 25 years. Four persons from Audugodi Police Station came to his shop. They brought one person and enquired with him as to whether he purchased stolen jewels from the said person. He answered in negative. They told him to give Rs.15,000/- to Rs.20,000/- or jewelry. He refused to comply with the demand. The said persons left the shop by saying that they will come again. He spoke with CW4-A.R.S.Babu, the Chief Secretary of Karnataka State Jewelry Traders & Workers Associate Federation, who in turn took him to Lokayuktha Police station and gave Report to Lokayuktha Police as per Ex.P7. Lokayuktha Police made him to sit outside and conducted some proceedings. He does not know the procedure that they have done. The Lokayuktha Police caught hold the person who received the amount from him. The said person has received Rs.15,000/- to Rs.20,000/- from him. He does not know the exact figure. The Lokayuktha Police have recovered Rs.15,000/- to Rs.20,000/- from the said person. He does not know what happened thereafter. The person who received the money from him is not present before the court.
19. PW-3 has turned hostile. He has not supported the prosecution case. The learned Spl.P.P. cross-examined PW-3 at length. But nothing useful to the case of the prosecution is elicited during the course of cross-examination.
20. During the course of cross-examination made on behalf of the accused, it is elicited that, he does not know reading and writing Kannada. He does not know the contents of the complaint, Entrustment Mahazar, Failure Mahazar, Trap Mahazar.
21. The prosecution has examined CW10-H.S.Revanna, the then DCP(South), Bengaluru, as PW4. PW4 is the Sanctioning Authority, who accorded sanction to prosecute the accused. The Sanction Order dated 15.5.2013, is produced and marked as Ex.P9.
22. During the course of cross-examination made on behalf of the accused, it is elicited that, the accused was working as Head Constable, all the Police Stations come under the jurisdiction of Commissioner of Police. The accused being a Head Constable had no independent power to investigate into the matter. The Sanction Order issued by him is based on the letter of ADGP-Karnataka Lokayuktha, and Final Report submitted by the Investigating Officer.
23. PW-5 is the Investigating Officer. PW-5 has deposed about registering of FIR, drawing of Entrustment Mahazar, laying of trap, resultant hand wash of accused turning to pink colour, recovery of currency notes of Rs.20,000/- which were scattered on the floor and Rs.2000/- from the complainant, playing of Digital Voice Recorder and Button Camera containing the conversation/scene, converting into CD and transcript into writing, identification of voice of accused through CW9, seizure of CCTV footage and converting it into CD, drawing of Seizure Mahazar, obtaining the copy of SHD of 8.1.2013 & 9.1.2013, Duty Roster Extract, Nominal Roll of the accused, list of mobile numbers of the staff of Audugodi Police Station along with the covering letter, recording of statement of witnesses, incorporating material substance of the statements of witnesses in the Trap Mahazar, collecting Service Particulars and Duty Allotment Order of the accused, receipt of Chemical Examination Report, obtaining spot sketch & receiving Sanction Order from the Competent Authority to prosecute the accused, etc.
24. It is well settled that demand of illegal gratification by the accused, and acceptance of the same, is sine-qua-non for constituting the offences u/s 7 of the Prevention of Corruption Act, 1988. The prosecution is required to prove that, there was demand and acceptance of bribe to bring home the guilt of the accused. The prosecution is also required to prove that, the work of the complainant was pending with the accused as on the date of the Trap and the accused was the Competent Authority to do an official favour to the complainant. The burden to prove the accusation for the offences punishable under Sections 7, 13(1)(b) r/w 13(2) of the Prevention of Corruption Act,1988 with regard to demand and acceptance of illegal gratification by the accused from the complainant to do an official favour, lies on the prosecution.
25. PW1-Yuvaraj admittedly is not an eye witness to the incident. He did not accompany the complainant at the time of alleged demand and acceptance of bribe by the accused. Trap Mahazar reveals that as per the instructions of the Investigating Officer he was standing outside the shop premises of the complainant and observing the customers who were visiting the shop. He has not overheard the conversation between the complainant & the accused nor seen the incident. Even, PW5- Investigating Officer admits that at the time of trap, PW1-Yuvaraj was standing on the road. But in examination-in-chief, PW1 has deposed, as if he had seen the incident. Therefore, no evidentiary value could be given to the testimony of PW1. Further, according to the prosecution case, trap has taken place on 9.1.2013. But, PW1 deposed that, on 5.1.2013 Trap Mahazar was prepared and obtained his signature. He had seen the accused for the first time on 5.1.2013 and on the same day his statement was also recorded. The evidence of PW1 is totally contrary to the contents of the Trap Mahazar with regard to the date of trap, about witnessing of incident, recovery of tainted currency notes first and getting his hand wash later. Under the circumstances, the evidence of PW1 is not trustworthy to believe. Therefore, the evidence of PW1 will not be useful to the prosecution to prove the theory of demand of illegal gratification by the accused and acceptance of the same after demand.
26. In the present case, PW3-Complainant who is the best person to say regarding demand of illegal gratification and acceptance of the same by the accused for showing an official favour has turned hostile. He has not supported the prosecution case. Even PW3 has failed to identify the accused. The evidence of PW3 reveals that the accused has not demanded & accepted the bribe from him.
27. It is well settled that, the sanction to prosecute the public servant can be given only by the Authority who would be entitled to remove him from service. In the present case, the accused was then working as Head Constable. The service particulars of the accused-Ex.P18, shows that the Commissioner of Police, is the Competent Authority to remove him from service. The Commissioner of Police being the Competent Authority to remove the accused from service, only can approve for sanction. The Sanction Order issued by DCP (South), Bangalore(PW4), is invalid and non-est in the eye of law. Further, the evidence of PW4 reveals that, he issued the Sanction Order, on the basis of the letter of ADGP-Karnataka Lokayuktha and Final Report submitted by the Investigating Officer. Since the sanction to prosecute the accused has not been accorded by the Competent Authority, a trial without valid sanction would be a trial without jurisdiction. On this ground also, the prosecution case, would fail.
28. The evidence on record would reveal that, as on the date of trap, no case was registered against the complainant in Audugodi Police Station nor any case was pending. Further, the accused being a Head Constable, had no independent power to investigate into the matter and he has to act only as per the directions of the Superior Officer. Further, Ex.P19 reveals that, on 9.1.2013, i.e. the day of trap the accused was deputed to Bundobast Duty for vacating EWS Quarters. Even the complainant, has deposed that, the person who received the money from him is not present before the Court. The complainant failed to identify the accused. Under the circumstances, the accused demanding bribe from the complainant for not to implicate and arrest him in the theft case, legally & factually does not arise.
29. It is well settled that electronic record like CD, VCD, Pen- drive, etc. which contains the statement and which is sought to be given as secondary evidence, has to be accompanied by a certificate as specified in Sec.65-B(4) of the Indian Evidence Act. In the absence of such certificate, secondary evidence of electronic record cannot be admitted in evidence. This view of mine, is supported by the decision of Supreme Court in the case of Anwar P.V. -v- P.K.Basheer and others; (2014) 10 Supreme Court Cases 473.
30. In the present case, MOs5 & 12 are the CDs said to have contained the conversation, MOs6 & 13 are the CDs containing the video-graph of Pre-Trap Mahazar & Trap Mahazar, MO7 is the CD containing the conversation recorded in the Mobile Phone, MO14 is the CD containing the CCTV footage, which is sought to be given as secondary evidence are not accompanied by a certificate as specified in Sec.65-B(4) of the Indian Evidence Act. In the absence of such certificate, these material objects cannot be admitted in evidence. Further, the Investigating Officer has not collected the sample voice of the accused and sent it to Forensic Science Laboratory for Voice Analysis Test. On this ground also, MOs-5 & 12 are not admissible in evidence.
31. It is well settled that mere recovery of tainted currency notes and positive result of phenolphthalein test is not sufficient to establish the guilt of the accused, unless there is corroboration of testimony of complainant, regarding demand and acceptance of bribe by the accused. In the present case, demand and acceptance of illegal gratification by the accused, has not been established.
32. The prosecution has miserably failed to prove beyond all reasonable doubt that the accused demanded and accepted illegal gratification from the complainant for not to implicate and arrest him in the theft case. The prosecution failed to prove the charges leveled against the accused. Hence, I answer Point Nos.1 & 2 in the Negative.
33. Point No.3:- In the result, I proceed to pass the following:
ORDER The accused is acquitted under section 235(1) of Cr.P.C. of the offence punishable under Ss. 7, 13 (1) (d) r/w 13 (2) of Prevention of Corruption Act, 1988 and set at liberty.
Bail bond executed by the accused stands cancelled.
MO1- Metal Seal shall be handed over to the Karnataka Lokayuktha Police.
MO2- Currency notes are ordered to be confiscated to the State after expiry of appeal period.
Mos-3 to 14 being worthless are ordered to be destroyed after the appeal period is over.
(Dictated to the judgment writer on the computer, after transcription, corrected by me and then pronounced by me in the open court on this the 16th day of January 2018) (SHRIDEVI S. ANGADI) LXXVI Addl. City Civil & Sessions Judge & Special Judge,Bengaluru (CCH-77) ANNEXURE List of witnesses examined on behalf of the prosecution:
PW1 K.Yuvaraj PW2 Chetan Kumar M. PW3 Mahaveerchand Jain PW4 H.S.Revanna PW5 Yogesh S.T
List of documents marked on behalf of prosecution:
Ex.P.1 Currency notes sheet
Ex.P.1(a)) Signature of PW1
Ex.P.1(b) Signature of PW5
Ex.P.1(c) Signature of PW5
Ex.P.2 Pre-Trap Mahazar
Ex.P.2(a) Signature of PW1
Ex.P.2(b) Signature of PW2
Ex.P.2(c) Signature of PW3
Ex.P.2(d) Signature of PW5
Ex.P.3 Failure Trap Mahazar
Ex.P.3(a) Signature of PW1
Ex.P.3(b) Signature of PW2
Ex.P.3(c) Signature of PW3
Ex.P.3(d) Signature of PW5
Ex.P.4 Trap Mahazar
Ex.P.4(a) Signature of PW1
Ex.P.4(b) Signature of PW2
Ex.P.4(c) Signature of PW3
Ex.P.4(d) Signature of PW5
Ex.P.5 Seizure mahazar
Ex.P.5(a) Signature of PW1
Ex.P.5(b) Signature of PW5
Ex.P.6 Acknowledgment
Ex.P.6(a Signature of PW2
Ex.P.7 Complaint
Ex.P.7(a) Signature of PW3
Ex.P.7(b) Signature of PW5
Ex.P.8 Statement of PW3
Ex.P.9 Sanction Order dt: 15.5.2013
Ex.P.9(a) Signature of PW4
Ex.P.10 FIR
Ex.P.11 Transcription of the Voice
Recorder
Ex.P.12 Acknowledgment
Ex.P.13 Transcription of the conversation
recorded in the Digital Voice
Recorder
Ex.P.14 Statement of accused
Ex.P.15 Report of CW9
Ex.P.16 Acknowledgment
Ex.P.17 Attested copy of SHD of 8.1.2013
& 9.1.2013, Duty Roster extract,
Nominal roll of the accused, list of
mobile numbers of the staff of
Audugodi Police station along
with covering letter of CW9.
Ex.P.18 Service particulars of accused
Ex.P.19 Duty Allotment Order
Ex.P.20 Mobile call details of the
complainant & accused.
Ex.P.21 Chemical Examination Report
Ex.P.22 Spot Sketch & covering letter
List of material objects marked on behalf of the prosecution:
MO.1 Metal seal MO.2 Currency notes MO.3 Sample solution Article 1 MO.4 Hand wash solution of CW3 Article 2 MO.5 CD containing the conversation Article 3 recorded in the Voice Recorder MO.6 CD containing the contents of Article 4 Videograph MO.7 CD containing the conversation Article 5 recorded in the mobile phone of the complainant MO.8 Sample solution Article 6 MO.9 Right hand wash solution of accused Article 7 MO.10 Left hand wash solution of accused Article 8 MO.11 Pant of accused Article 10 MO.12 CD containing the conversation Article 11 recorded in the Digital Voice Recorder at the time of trap. MO.13 CD containing the scene recorded in Article 12 the videograph at the time of trap. MO.14 CD containing the footage recorded in Article 13 the CCTV
List of witnesses examined on behalf of the accused:
-Nil-
List of documents marked on behalf of the accused:
-Nil-
(SHRIDEVI S. ANGADI) LXXVI Addl. City Civil & Sessions Judge & Special Judge,Bengaluru (CCH-77)