VIRENDRANATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted in the special leave petition. Tagged with Crl. Appeal No. 402 of 1994, which is already on Board.

(2.) The appellant in Criminal Appeal No. 402 of 1994 is the offender and the appellant in Criminal Appeal arising out of S. L. P. (Crl) No. 2859 of 1992 is the abetor. They stand convicted under Sections 7, 13(1) (d) read with Section 13(2) and under Section 7 read with Section 12 of the Prevention of Corruption Act, 1988.

(3.) The prosecution case is that the complainant, P. W. I found a bundle of blankets and bed-sheets lying unclaimed on a road, which he carried to his house. A1 got scent of it and recovered the bundle and got the complaint to the police station. A1 demanded a bribe of Rs. 2,000/- from the complainant for not taken any action against him. After haggling, the demand was reduced to Rs. 500/-. Rs. 50/- was paid on an occasion later on 16-12-1985 at another place in Bazargaon, as the complainant to begin with had no money. The balance of Rs. 450/- was to be paid two days later. On the later date. the complainant went to the Anti-Corruption staff and laid a complaint to the afore-effect. Necessary formalities for organising a trap were made and at the appointed place the complainant as also P. W. 3 and P. W. 12 went to Hotel Dinesh. In response to the query made by A1, the complainant told him that he had brought the money. They then went to Baba restaurant as suggested by accused 1 and sat on benches near the counter. A1 then told A2, the restaurant-owner to accept money which the complainant, P. W. 1 would give him. After some snacks and tea were served, P. W. 1 gave the money to A2 as per the directions of A1. Thereafter, the green signal was given and the members of the raiding party arrived and the tainted notes were recovered from the possession of accused 2. This is the sum total of the prosecution case.