RAOSAHEB ARJUN LOKHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been preferred against judgment and order dated 7th September 2013 passed by the Special Judge under the Prevention of Corruption Act , Greater Bombay in ACB Special Case No.4 of 2012 convicting the appellant for the offence punishable under Section 7 of Prevention of Corruption Act, 1988 (' P.C. Act ') and sentencing him to undergo rigorous imprisonment for one year and pay fine of Rs.1,000/-, and in default to further undergo simple imprisonment for one month and also convicting the appellant for offence punishable under Section 13(1)(d) r/w 13(2) of the P.C.Act and sentencing him to undergo rigorous imprisonment for two years S. Thatte Date: 2020.12.10 and pay fine of Rs.2,000/-.

(2.) The case of the prosecution is that on 5 th April 2010 the complainant was confronted by the police and taken to RCF Police Station. The accused was P.S.O at Police Station. Enquiry was made with the complainant about one C.R.Yadav. The complainant was assaulted by Police and threatened that if he did not assist in arrest of C.R.Yadav, he would be implicated in the case of theft of diesel and petrol. The accused demanded Rs.50,000/- for his release. The demand was then reduced to amount of Rs.25,000/-. The complainant contacted his relative and friend Ashok Nishad and Dinesh Yadav on mobile phone and told them to come to RCF Police Station. They arranged an amount of Rs.10,000/- which was paid to accused. The balance of Rs.15,000/- was decided to be paid on 6 th April 2010. The complainant was allowed to go at 11.30 p.m. He approached ACB on 6th April 2010. He lodged the complaint with ACB. On the same day at about 9.35 pm, the complainant received a call from the accused. Conversation took place between them. It was recorded in DVR and CD was prepared. The conversation indicated that the accused had told the complainant to remain present before him on the following day for giving attendance. Verification panchanama was recorded. It was decided that again verification would be recorded on 7th April 2010. The raiding party proceeded to RCF Police Station on 7th April 2010. Complainant and pancha Rasam entered RCF Police Station. DVR was attached on the person of the complainant. The complainant and Rasam went inside RCF Police Station. After returning complainant informed Police Inspector Ratnaparkhi that the accused had told him to pay the amount on the same day in the evening. At about 10.20 pm, the complainant visited ACB. Panchas were there. Currency notes for the purpose of raid were arranged. Anthracene powder was applied. The raiding party proceeded to RCF Police Station. DVR was attached on the person of complainant. The complainant proceeded to RCF Police Station. He met accused. The panch witness remained outside. Complainant had conversation with accused. The amount of Rs.10,000/- was accepted by the accused. The raiding party entered into the office of the accused. He was apprehended. Tainted currency notes were recovered from his possession. Panchanama was executed. Pre-trap panchanama, verification panchanama and post-trap panchanama were recorded. Voice samples of accused and complainant were obtained. On completing investigation charge sheet was filed.

(3.) Charge was framed by order dated 11 th June 2013 which was subsequently altered on 2nd July 2013 for the offences u/s.7, 13(1) (d), 13(2) of P.C.Act. The accused pleaded not guilty and claimed to be tried.