STATE OF MAHARASHTRA Vs. JAYAWANT TATYABA KHAIRE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 29th May 2003 passed by the Special Judge, Solapur, acquitting accused of offences punishable under Section 7 ( Public servant taking gratification other than legal remuneration in respect of an official act ), Section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act , 1988 (PC Act ).

(2.) On 13th February 2020 since nobody was present in Court representing respondent, the Court appointed Mr. Rohan Savant, an Advocate, as Amicus Curiae. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Mr. Rohan Savant, learned Amicus Curiae, for it has been of immense value in rendering the judgment.

(3.) It is the case of prosecution that accused was working as Taluka Agricultural Officer attached to Madha office, District Solapur. Complainant (PW-3) Tanaji Sathe, was a licensed seller of saplings of pomegranates. The Agricultural Department issued coupons on the basis of which saplings were being sold and amount was paid by the Government. It is prosecution's case that in the year 1998-99, accused sold saplings worth Rs.2,40,000/- and submitted his bills alongwith coupons to the Agricultural office at Madha. PW-3 requested accused to pay the bills. On 31 st December 1999, when PW-3 made demand of bills, accused demanded Rs.20,000/- as bribe and also told PW-3 that unless the amount is paid his bills will not be paid.