MEENA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant in this appeal, who was working as Revenue Record Keeper (Senior Clerk) in the Collectorate at Wardha district, was charged before the Special Judge, Wardha, of the offences punishable under S. 161, I.P.C. and Ss. 5(1)(d) read with S. 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the Act"). The case of the prosecution was that the appellant demanded and accepted on 20-8-1986 a sum of Rs. 20/- from one Magorao Tarale (P.W. 1), as gratification other than legal remuneration for doing an official act of sending the relevant records to the copying section for providing copies of maps and Khasra Patrak, applied for by him. The appellant pleaded not guilty and sought for trial.

(2.) The prosecution examined P.Ws. 1 to 7 and marked several documents in support of the charges. The appellant denied the charges and asserted that she was falsely implicated on the machinations of P.W. 3, P.W. 1 and one Jagdish Bokade, Shri Devanand was examined as D.W. 1. The crux of the prosecution case, leaving aside the unnecessary details is that P.W. 1 made an application on 13-8-1986 for copies of records relating to lands held by his grand father and on the suggestion of P.W. 3, the Head Copyist, he approached the accused and requested her to make available the relevant record for preparation of copies. The accused, allegedly demanded Rs. 20/- for making available the records. P.W. 1 was not prepared to pay the money and he sought the advise of one Jagdish Bokade who gave the idea of complaining to the Anti-Corruption Bureau. On receipt of a complaint from P.W. 1, orally P.W. 6 reduced the same in writing. Then Inspector, P.W. 6 called for two panchas P.Ws. 2 and 5 from the Forest Department as well as a lady constable named Victoria. A pre-trap panchnama was stated to have been drawn after explaining the details of the trap and the characteristics of phenolphthalein powder as well as its use in a trap. P.W. 1, the complainant was said to have produced a currency note of the denomination of Rs. 20/- before P.W. 6 who applied the chemical powder on other side of the currency note and made it kept in the side pocket of the trouser of the complainant. P.W. 1 was instructed not to touch the currency note till the accused makes the demand and only thereafter give it to her. P.W. 2, one of the panch witnesses, was instructed to accompany the complainant and not only hear the conversation between the accused and the complainant but also keep a watch as to where the accused keeps the amount, after receiving the same. The other panch witness, P.W. 5 and the lady constable Victoria were instructed to remain present nearby the side of the record room and rush to the spot on receipt of the signal from the complainant. The lady constable was instructed to immediately catch the hands of the accused and the rest of the trap party would follow them by remaining at a distance.

(3.) The complainant was said to have gone ahead with P.W. 2, while the other members of the trap party took positions outside the room waiting for the agreed signal from the complainant of rubbing his mouth with his handkerchief. The further case of the prosecution is that things happened the way it was planned and the complainant not only paid the amount by handing over the currency note on a demand then made by the accused but he came out of the room and made the signal for the trap party to play their respective and allotted roles. The lady constable was said to have arrived first, immediately and held both the hands of the accused who by then seems to have thrown the currency note from her hands on the table. Thereafter, P.W. 6 prepared a solution of sodium carbonate in a glass tumbler and when the accused dipped her hands in the glass tumbler containing the solution the colour of the solution was said to have turned to purple and the collection of the same was sealed for being sent to chemical analyser. The solution of sodium carbonate when sprinkled on the currency note and the pad on the table on which the currency note has been thrown purple colour appeared on both and they were duly seized under a mahazar, for further action. Immediately, thereafter, P.W. 6 was said to have lodged a report against the accused at Police Station, Wardha, and thereafter carried on the investigation which resulted in laying of the charge against the accused.