Satvir Singh vs State Of Delhi Tr.C.B.I

3. Further, on 07.07.1989, it is alleged by the prosecution that the appellant telephonically contacted the complainant (PW-2) and reiterated the demand as made by P.S.Saini. During the time of telephonic conversation, the brother-in-law of the complainant Ram Malhotra was sitting with him. The complainant said only an amount Rs.60,000/- could be arranged by him and the same was delivered at the residence of the appellant on 08.07.1989 at 8.00 a.m. as the rest of the amount would be arranged within 3-4 days and will be paid to the appellant.

4. It is alleged that on the written complaint lodged in the CBI office and on the directions of the Deputy Superintendent of Police a raid was conducted in the house of the appellant with the help of the complainant and a shadow witness (PW-3), the appellant was arrested on 8.7.1989. The charge sheet was filed by the prosecution under Section 173 Cr.P.C. before the court of Special Judge on the basis of which it has framed the charges against the appellant for trial for offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Act.

18. Further, the findings of the trial court that there was no motive for the appellant to demand the gratification from the complainant as Sudan, the Custom (Supdt.) had satisfied himself that the complainant had valid documents in support of his claim and that he was not a notified dealer is also perverse as the complainant, PW-2 in his testimony has clearly stated that the money was given to the appellant so that no harassment would be caused to him in his business in future.

23. On the basis of the aforesaid rival legal contentions urged on behalf of the parties, the following points would arise for consideration of this Court.

25. During the cross-examination of PW-2, he has stated that the demand of Rs.2 lakhs was made by P.S. Saini on 4.7.1989 at his godown between 11.30 to 12.30 p.m. On the very same day, he was taken to office of Customs department where Saini demanded the money at two places i.e. firstly just outside the office of Superintendent and secondly, at the staircase of the office building and on both the occasions, the accused had not demanded the money from the complainant, PW-2 at any time. It has been further stated by him during his cross-examination that on both the occasions, the accused was at a distance of three-four feet. It has been further stated by him that he did not have any direct talk with the accused either at the C.R. Building or at his godown. He has further stated that he had met the accused only once, so he had neither conversant with the voice of the accused nor knows his style of talking.

13. In view of the aforesaid legal contentions urged by the learned senior counsel he has prayed this Court to set aside the impugned judgment and order of the High Court and restore the trial court judgment and order by allowing this appeal.

24. The point Nos. 1 and 2 are inter-related and therefore, the same are answered together by assigning the following reasons:

23. Having dealt with the principles of law that ought to be kept in mind while considering an appeal against an order of acquittal passed by the trial court, we may now proceed to examine the reasons recorded by the trial court for acquitting the accused in the present case and those that prevailed with the High Court in reversing the said conclusion and in convicting and sentencing the appellant- accused.”

40. We, accordingly answer the point No. 2 in favour of the appellant that exercise of appellate jurisdiction by the High Court to reverse the judgment and order of acquittal is not only erroneous but also suffers from error in law and liable to be set aside. Accordingly, we answer the point Nos. 1 and 2 in favour of the appellant.

Point No. 3.

For the foregoing reasons, we have to restore the judgment and order of acquittal of the trial court by setting aside the impugned judgment dated 07.01.2011 and order on sentence dated 08.03.2011 of the High Court of Delhi in Criminal Appeal No.337 of 1999.

42. Accordingly, the appeal is allowed. The appellant is on bail. The bail bonds shall stand discharged.