RAJENDRA KUMAR CHATURVEDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Special Judge of Greater Bombay tried the appellant, a Sub-Inspector in the Railway Protection Force, together with three other members of the Force, serving under him, on charges for offences punishable under Section 120-B and 161, Indian Penal Code and Section 5 (1)(d) and 5(2) of the Prevention of Corruption Act. It was alleged that the appellant and the Rakshaks serving under him at Bhusaval Central Railway Station had conspired to extort money from Shivaji Ogale, P.W.2, a merchant owning property and goods estimated by him at Rs.1,50,000/-, and paying income-tax and sales tax. The appellant is allged to have stopped Shivaji from removing his goods from the goods yard on the ground that the truck brought by him was parked at the wrong place. The appellant, with the help of his Rakshaks, was said to have threatened Kalandar Khan, P.W.3, the driver of the truck and to have actually handcuffed him and tied him with a rope and taken him to the appellant's office at some distance from the goods yard. Shivaji was himself said to be present at the scene at that time which was about 4 p.m. on 17-1-1968. The appellant and his co-accused. Hari Rachu, were alleged to have demanded Rs.200/- as bribe for releasing the truck driver without whom the truck could not be driven away. The vexed Shivaji is said to have fallen at the feet of the appellant and to have begged him to release his driver. The appellant then reduced his demand to Rs.100/-, Shivaji is said to have sent his son Sarjerao, P.W.4, to his shop to get Rs.100/- which were brought in Rs.10/- notes within half an hour and handed over to the extortionists. The appellant is said to have released the driver and allowed the truck to go away from this payment had been actually made.

(2.) The Special Judge had examined the whole evidence in great detail. He observed about Shivaji P.W.2:

(3.) The complaint mentioned above was lodged at about 8 a.m. on 18-1-1968 after an imposition of Rs.7.10 as wharfage charges as all the goods could not be removed on 17-1-1968 presumably because of the interruption caused by the action of the appellant and his associates, Shivaji had also stated that he had related "everything" to the Chief Goods" Clerk of Bhusaval, P.W.8, about 6 p.m. on 17-1-1968. The Goods' Clerk deposed that Shivaji came to his office at that time and told him: