Case: R. Balakrishna Pillai Vs. State Of Kerala

This is a case in which the appellants before us in Criminal Appeal No. 372 of 2001 and Criminal Appeal No. 373 of 2001 have been convicted under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (for short the Act) for having caused, M/s. Graphite India Ltd. (for short M/s. GIL), Bangalore, to obtain valuable thing namely, electricity by selling it to the said company illegally and by abusing their official position as public servants which also resulted in pecuniary advantage to M/s. GIL to the tune of Rs. 19 lakhs and odd. So far the said two appellants themselves are concerned, it is neither the case of the prosecution nor the finding of any court that they gained or acquired any kind of benefit, pecuniary or otherwise, out of the transaction in question. The High Court, on the other hand, finds that there is nothing to show that for obtaining Kerala electricity any illegal gratification was given to the appellants or any illegal means was employed by M/s. GIL.2. The two appellants for the aforesaid conviction have been sentenced to simple imprisonment for a period of one year and a fine of Rs. 10,000/- each, in default, to undergo simple imprisonment for a further period of two months. The conviction and sentence as recorded by the Trial Court has been maintained by the High Court in appeal. The appellant in Criminal Appeal No. 372 of 2001 - Balakrishna Pillai is to be referred hereinafter as A-1 and the appellant in Criminal Appeal No. 373 of 2001 - P. Kesava Pillai as A-2. So far the appellant in Criminal Appeals - 727-727 of 2002 - Gopalakrishna Pillai is concerned, he has been examined as PW45 in the case and is aggrieved by adverse comments made against him in the judgment of the High Court.

Reasoning: 46. Thus, looking to the definition of the crime in the case in hand namely, clause (d) of sub-section (1) of Section 5 of the Act, according to the principle indicated above it is necessary that the act must have been done illegally abusing his position as public servant for obtaining benefit pecuniary or otherwise for himself or for someone else. This is an offence which would require an intention to accompany the act. The element of mental state would be necessary to do a concious act to get the required result of pecuniary advantage or to obtain any valuable thing, even if it is for someone else, then too element of mental state must be there at the relevant time. In view of the facts and circumstances indicated in the discussion held earlier in this judgment, and finding recorded on facts, we firstly hold that facts leading to charges are not proved and we also find that the element of mens rea and intention is totally lacking. The electrical energy was exported to Karnataka/KEB at the request of State of Karnataka during the period of crisis of shortage of energy which is not objected to, so as to be illegal but for a part of it which is allocated by the State of Karnataka/KEB to M/s. GIL which constitutes no offence. The prosecution failed to prove the case of sale of electricity by KSEB to M/s. GIL or the KSEB or A1 and A2 having caused profit to M/s. GIL. Admittedly, appellants did not stand to gain in any manner. The prosecution case thus fails.