STATE OF MAHARASHTRA Vs. RAJENDRAGIRI VIKRAMGIRI GOSAWI

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Special Judge at Thane, acquitting respondent for the offence punishable u/s 7, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, (for short called as "the Act").

(2.) THE facts which are material for deciding this appeal are as under:- Respondent Rajendragiri Vikramgiri Gosavi, was working as a clerk with the Tax Recovery Department of Thane Municipal Corporation. One Rambhau Vithoba Pote owned a cattle shed, in which he had constructed three rooms, and thereafter sold them to Chandrakant Kamble, Subhadra Mastud and Tukaram Waghmare on 4.10.1988. Chandrakant Kamble had approached the Municipal Corporation for recording the property in their names and for levying tax thereon. Respondent was handling the matter and was alleged to have demanded Rs.500/- per applicant in all Rs.1500/- to do the needful. He had also stated that a sum of Rs.120/- per person would have to be paid towards the charges of the corporation for which receipts would be issued. This was around the beginning of May, 1989. Complainant Kamble, claims to have paid sum of Rs.50/- to the respondent at that time. Again on 9th May, 1989, respondent is alleged to have repeated the demand. The complainant approached Anti Corruption Department and a trap was laid after performing necessary panchnama on 12.5.l989. The complainant paid a sum of Rs.1500/- towards bribe and Rs. 360/- towards charges @ Rs.120/- per person to Municipal Corporation, in presence of a panch which respondent accepted. After necessary signal was given, raiding party appeared and found that the bribe amount of Rs.1500/- and Rs.360/- had been kept by the respondent in the drawer of his table. A Panchnama was drawn up. On completion of investigation, sanction was secured from respondent's appointing authority and then chargesheet was sent.

(3.) I have heard learned Additional Public Prosecutor and learned counsel for the respondent.