STATE OF MAHARASHTRA Vs. TALIMUNISA RAIS AHMED

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 8-12-2003, passed by the Court of Special Judge, Bombay, acquitting respondent (accused) of the offence punishable under Sections 7 and 13 (2) read with Section 13(1)(e) of Prevention of Corruption Act 1988 (P.C. Act 1988).

(2.) As none appeared for respondent, this court appointed Mr. Amrut Joshi as Amicus Curaie. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Mr. Joshi, learned Amicus Curiae, for it has been of immense value in rendering the judgment.

(3.) The facts in brief are, accused at the relevant time was a Municipal Councilor of Mumbai Municipal Corporation. Complainant - Anwar Khan Raziuddin Khan (PW-1) was in occupation of room no.2 in Furniturewala Chawl on leave and licence basis from Mohommad Azam Bahadurali (PW-3). The said room was in need of some repairs before its occupation and PW-3 had asked PW-1 to get the room repaired. It is alleged that there is a system to get prior permission before any of the chawls are repaired, accused should be met and given some bribe. It is stated by PW-1 in the complaint that when he went to BMC, he was advised that he should be contacting accused and take her blessings. PW-1, therefore, went to the house of accused about a week prior to 10-9-1996, at which time, accused informed him that a sum of Rs.5000/- was required to be paid to accused to give permission. There is nothing on record, as to how a councilor is required to give permission, because that is something between the corporation and the person concerned. On 9-9-1996 at about 9.30 a.m., PW-1 met accused at her residence and requested her to reduce the amount, which was settled at Rs.4000/-. PW-1 was told to pay the amount on 10-9- 1996 at 9.30 a.m. at the residence of accused. As PW-1 did not want to pay that amount as bribe, he approached Anti Corruption Bureau (ACB) and lodged a complaint. After completing the necessary procedures of pre-trap panchnama on 10-9-1996 in the presence of panch witnesses one of whom is Sudha Chavan (PW-2), a trap was arranged at the residence of accused.