Date:23/11/2004 URL: http://www.thehindu.com/2004/11/23/stories/2004112306081200.htm

National

Court restores jail term for judge

By Our Legal Correspondent

NEW DELHI, NOV. 22. The Supreme Court has restored the conviction and sentence of imprisonment for three years imposed by a trial court on a sessions judge for accepting a bribe of Rs. 3 lakhs.

A Bench of Justice B. N. Agrawal and Justice A. K. Mathur found S. Janardhan Rao, a member of the Andhra Pradesh Higher Judicial Service and posted as sessions judge in Hyderabad, guilty under the Prevention of Corruption Act for accepting Rs. 3 lakhs in September 1996 for recording the acquittal of an accused in a criminal case. The Bench set aside the judgment of the Andhra Pradesh High Court quashing the trial court's order, acquitting the judge.

A trap was laid for the judge with the permission of the High Court and after he received the bribe in a plastic cover, officers of the State anti-corruption wing seized the amount. A case was registered against the judge, his wife, son and constable attached to the court. The trial court convicted the judge but acquitted his wife and son and pardoned the constable who turned approver. On an appeal, the High Court acquitted the judge of corruption charges and the State filed a special leave petition against the judgment.

Justice Agrawal said: "We find that the trial court was justified in relying upon the evidence of the witnesses to prove the circumstance and the High Court was wholly unjustified in doubting the veracity of their statements on the basis of minor contradictions in their evidence."

The Bench held that the prosecution had credible evidence to prove that the judge accepted the amount and restored the sentence imposed by the trial court. It noted that the High Court was not justified in making adverse remarks in its judgment against the then Registrar (Vigilance) of the Andhra Pradesh High Court. The remarks were "wholly uncalled for" and were to be expunged. The Bench directed that Mr. Rao be taken into custody to serve out the remaining period of his sentence.