STATE OF MAHARASHTRA Vs. SHRIPATI

JUDGEMENT

(1.) Present appeal has been filed by the prosecution challenging the acquittal of the respondent in Special Case No.2 of 2004 by learned Adhoc Additional Sessions Judge and Special Judge, Latur on 05-12-2007, thereby acquitting him from the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the ' PC Act ').

(2.) The present respondent i.e. original accused was serving as Inspector, Weights and Measurements Division No.2, Latur around 07-10-2003.

(3.) Original complainant - Chandrakant Suryawanshi who is the resident of Nath Nagar, Nanded Naka, Latur lodged complaint with Anti Corruption Bureau, Latur on 06-10-2003 contending that his father runs grocery shop by name Shriram Kirana and General Stores since 2000 near Krupa Sadan School. Though the shop is in the name of his father, it is run by his father as well as the complainant. In July 2003, three persons came to their shop when his father was in the shop. They disclosed their identity as the officers from Weights and Measurement Department. Present accused was one of them. Accused asked the father of the complainant to give weights and measurements from his shop and thereafter, the accused told that those weights have not been checked since 2000. He made his intention clear that he would seize those measurements and accordingly, he seized weights of 20 gm, 50 gm, 100 gm, 200 gm, 500 gm and also the scale. The entry about the said seizure was made in a book by the accused and the signature of the father of the complainant was taken on it. In the meantime, the complainant went there and, therefore, the accused had taken the signature of the complainant also on that book/register. An employee from the office of the accused met the complainant in his shop at about 10.00 a.m. on 04 -10-2003 and told that he should meet accused on the next day, otherwise their case would be sent to Court. That person did not disclose his name. Complainant went to the office of the accused on 04-10-2003 and met accused. Accused asked him to bring two blank papers which he purchased from outside and thereafter, the accused told him that he should make an application for compromise by putting a carbon in those two papers. Accused asked him not to put date on the same and, therefore, the complainant gave the application stating that due to oversight the weights have not been verified, but he is ready to pay the fine. Accused accepted the original as well as carbon copy of the application, but did not give acknowledgment. Accused asked him to come on the next date. Complainant went to the said office on 05-10-2003 and met accused, at that time, the accused told him that since the measurements and scale from their shop has been seized, there would be a case in the Court of law, however, if he want to get rid of it, he will have to give amount of Rs.500/- to him. Complainant asked him as to whether it is the fine amount and whether he can get receipt. Accused told that he will not get any receipt, but that amount is for not taking any action against him. He realized that the accused is asking for bribe and then he told accused that he has no capacity to pay that much amount. Accused told him that he will have to give atleast Rs.300/-. Complainant agreed to the same when no alternative was left. Accused told him to come on 07-10-2003. Complainant had no desire to give that amount as bribe and, therefore, he went to Anti Corruption Bureau and lodged complaint.