MOHMOODKHAN MAHBOOBKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant was a Sub-Registrar in the Registration Department under Maharashtra Government. The Special Judge at Latur convicted him under S, 161, IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 ('the Act' for short) for receiving a sum of Rs. 60/- as illegal gratification from one Shesherao Patil (PW-1). Appellant was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/- on each count. High Court of Bombay (Aurangabad Bench) confirmed the conviction and sentence and dismissed the appeal filed by the appellant.

(2.) The official duties of the Sub-Registrar included, among other things, receiving applications for certified copies of registered documents and issuance of such copies. Appellant was Sub-Registrar of Nilanga Sub- Registry Office. PW-1 Shesherao Patil, an employee of postal department, was in need of certified copies of three sale deeds. When he approached the appellant he was told to submit necessary applications on stamp paper and to pay an amount of Rs. 20/- for each certified copy. PW-1 reported the matter to the Anti Corruption Bureau. A trap was arranged to catch the appellant red-handed. On 8-8-1986 PW-1 went to the office of the appellant and presented the applications for copies of the sale deeds which he required and then he paid Rs. 60/- to the appellant. As soon as appellant put the amount in his shirt pocket PW-1 transmitted a signal to the waiting anti corruption squad and they rushed to the office and caught him red-handed. These are the facts found against the appellant.

(3.) There is no scope for any dispute that appellant received the amount of Rs. 60/- from PW-1. In fact learned counsel for the appellant did not dispute the aforesaid finding. The stand of the appellant is that he received the amount as advance money which he was required to collect as per the Rules in force. His further case is that before he could make any entry in the books he was caught by the anti corruption officials on the premise that he received illegal gratification from PW-1.