STATE OF MAHARASHTRA Vs. RASHID BABUBHAI MULANI

JUDGEMENT

(1.) State has come up in appeal by special leave, against the judgment of acquittal dated 25-11-1997 passed by the Bombay High Court allowing Criminal Appeal No. 92 of 1990 filed by the accused, thereby setting aside the conviction and sentence under the judgment dated 7-2-1990 passed by the Additional Special Judge, Pune, in Special Case No. 1/1987. By the said judgment, the Special Judge had convicted and sentenced the respondent herein to undergo RI for one year in regard to an offence under Section 161 of the I.P.C. and RI for one year for an offence punishable under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (the Act for short), and to pay a fine of Rs. 1,000/- and in default to suffer further RI for three months, with a direction that both the substantive sentences shall run concurrently.

(2.) The prosecution case was as under :-

(3.) The defence as put forth in the cross-examination of the prosecution witnesses and the explanation given in the statement under section 313 of Cr.P.C was as follows :- Some amount was outstanding from the complainant in regard to a Tagai loan taken in the name of his elder brother Baban. The Tehsildar, Purandhar sent a communication dated 3-9-1986 to the accused stating that one Baban Bhimaji Badade of Kodit (brother of the complainant) was due in a sum of Rs. 2575.90 towards interest in respect of an engine loan taken in the year 1966. The accused was, therefore, instructed to recover the said amount and deposit it in the Government Treasury. Therefore, the accused sent a notice dated 6-9-1986 to the complainant, demanding payment of the amount due. In pursuance of it, the complainant came to his house on 6-10-1986 and paid him Rs. 300/- towards the amount outstanding to the Government, and it was received by him as Government dues and not as a bribe for showing any official favour to the complainant.