NAYANKUMAR SHIVAPPA WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 6.2.2009 passed in Criminal Appeal No. 135 of 1997 by the High Court of Judicature at Bombay (Bench at Aurangabad) whereby said Court has reversed the acquittal recorded by Special Judge, Osmanabad, in Special Case No. 3 of 1993 and convicted the present Appellant Nayankumar Shivappa Waghmare Under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to rigorous imprisonment for a period of one year and directed to pay fine of Rs. 10,000/-, and in default of payment of fine, six months further rigorous imprisonment is directed to be served.

(2.) We heard learned Counsel for the parties and perused the record.

(3.) According to prosecution, the Appellant was working in the Finance Section of Zilla Parishad, Osmanabad. He was handling the cases of General Provident Fund (GPF) and pension cases of retired members of staff. PW-10 Mirabai N. Deshpande, who served as Chief Sevika with the Integrated Child Development Scheme at Bhoom, opted for her voluntary retirement due to her physical ailments, in July, 1992. She submitted her pension papers. She was issueless widow. Her brother PW-9 Anant Deshmukh, who was an ex-serviceman, was requested by her to pursue her papers. He used to work with a private company in Pune. PW-9 Anant Deshmukh, between November, 1992 to January, 1993, went several times to the office of Zilla Parishad to make enquiries regarding her sister's pension and GPF papers. The Appellant, who was working in said office, told him that the pension papers were searched but could not be located. On this, PW-9 went to Bhoom and obtained outward number of forwarding letter addressed to Zilla Parishad, Osmanabad along with which the pension papers of Mirabai were sent. Thereafter, pension and GPF papers were located, and the Appellant told PW-9 Anant Deshmukh (complainant) to obtain 'No Dues Certificate' from Block Development Officer, Panchayat Samiti, Bhoom. He also disclosed the complainant that there was missing entry in respect of year 1987-88 in the GPF statement. On this, the complainant brought letter of her sister stating that she was ready to accept the amount of GPF excluding the missing credits of the year 1987-88. 'No Dues Certificate' from the Block Development Officer was also obtained and submitted to the office of the Zilla Parishad. When again contacted, the Appellant told Anant Deshmukh that GPF clearance would require further 2-3 months, but if the complainant pays Rs. 1,000/- to him, it can be done within 8-10 days. Reluctantly, Anant Deshmukh gave Rs. 200/- to the Appellant, who asked him to contact after five-six days with rest of the amount. On 30.1.1993, complainant met the Appellant Nayankumar Shivappa Waghmare (accused) at 10.45 a.m. The Appellant told him that the work has progressed, and papers are lying for signatures of the authority concerned, and asked him to come at 2.30-3.00 p.m. with balance amount. The complainant told that he could arrange Rs. 300/- only and remaining Rs. 500/- be allowed to be paid when the GPF amount is encashed. The Appellant asked the complainant that further Rs. 1,000/- would be required separately for pension work which would take about two-three months time. On this, complainant PW-9 Anant Deshmukh went to Anti Corruption Bureau and met PW-12 P.I. Nandkumar Gadade, and complained about the corruption. PW-12 got the complaint reduced into writing whereafter panch witnesses, namely, PW-1 Uttam Bhutekar and PW-3 Sahebrao Wanve, were called from the Irrigation office. The written complaint was read over to the witnesses in the presence of Anant Deshmukh. A trap was laid by team led by Deputy Superintendent of Police Mr. Shetkar to apprehend the Appellant on the same day as the Appellant had asked the complainant to come with money in the afternoon. After applying anthracene powder in the three currency notes which were to be handed over by the complainant to the Appellant, and preparing panchnama to this effect, as per the plan, PW-9 Anant Deshmukh went to the office of Zilla Parishad along with witnesses Uttam Bhutekar and Sahebrao Wanve. Bhutekar was asked to remain present with Anant Deshmukh during the conversation between him and the accused. Wanve was to follow the three from some distance. When the complainant reached Zilla Parishad Office, the Appellant asked him to come out and both of them with Bhutekar went to nearby tea stall. PW-9 Anant Deshmukh, PW-3 Sahebrao Wanve and PW-1 Uttam Bhutekar took the tea and Deshmukh made the payment for it. Thereafter, Deshmukh handed over tainted currency notes to the Appellant which he accepted with his right hand and inserted the notes with left hand in his pocket. As per the plan Deshmukh signaled the raiding party by moving his hand on the head. The raiding party immediately rushed and caught hold of both the hands of the Appellant and in the presence of the witnesses hands of the Appellant were seen in the light of ultra violet lamp and found that the hands showed bluish sparkle due to the anthracene powder with which currency notes were tainted. Three currency notes of Rs. 100/-, bearing Nos. 5BQ 075977, 9CA 767761 and OPN 648332, accepted by the Appellant were seized by trap/raiding police party and a panchnama was prepared. A complaint (Ex. 41) was made by PW-12 P.I. Gadade and First Information Report was lodged. After investigation, all the relevant papers were submitted before the Chief Executive Officer of Zilla Parishad for sanction for prosecution of the Appellant, and the same was obtained against the accused and charge-sheet was submitted in respect of offence punishable Under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.