THE STATE OF MAHARASTRA Vs. RAJENDRA SHANKER BHOITE

JUDGEMENT

(1.) This is an appeal filed by the State impugning an order and judgment dtd. 6/11/2004 passed by the Special Judge under the Prevention of Corruption Act at Satara, acquitting respondent (accused) of offences punishable under Sec. 7 (Public servant taking gratification other than legal remuneration in respect of an official act), 8 (Taking gratification, in order, by corrupt or illegal means, to influence public servant), 9 (Taking gratification, for exercise of personal influence with public servant) and Sec. 13 (1) (d) read with Sec. 13 (2) of Prevention of Corruption Act, 1988 (PC Act).

(2.) It is prosecution's case that one Shashikant Suresh Pawar, complainant, who was residing at Village Kodol, Taluka and District Satara, when he was standing near Bank of Maharashtra, Kodol, one Ashok Jadhav from their village appeared there drunk and had an altercation with PW-1. It seems Ashok Jadhav even bit the neck of PW-1 and when PW-1 went to the house of Ashok Jadhav to complain about the incident, Ashok Jadhav hit complainant with an axe on the head. PW-1 blocked the swing which resulted in he suffering injury in his hand. PW-1 reported the incident to the Police Station at Satara City and some action was taken against Ashok Jadhav. About three days later, the Police Patil of their village Rajendra Bhoite (accused) met PW-1 complainant and told him that Police is going to file a chapter case against complainant and if he gives Rs.1,000.00, the matter will be settled. Complainant informed accused that he did not have that much money and gave him Rs.300.00. After a fortnight, accused met PW-1 again and demanded the balance amount. As PW-1 did not have money with him, he gave accused another Rs.300.00. On 5/11/2002 at about 6.30 p.m. when complainant was sitting near a pan shop, opposite Bank of Maharashtra, accused came and asked about the balance amount. Complainant informed him that he will give Rs.200.00 on 8/11/2002 and remaining amount thereafter. On 7/11/2002, complainant approached A.C.B. Satara.

(3.) Police Inspector A.C.B. Satara V.G. Gurav (PW-4) took down the complaint, arranged for panch witnesses, trap etc. and on 8/11/2002, laid the trap. When complainant and PW-2, the shadow panch reached the residence of accused, he was not at home. As they waited outside, accused came and was carrying a bundle of fodder on his head. Accused placed the load of fodder in the cattle-shed and asked complainant whether he has brought the money. Complainant answered in the affirmative and accused inquired about the shadow panch. Complainant stated that he was his relative. Thereafter, accused extended his hand saying "give the money". Complainant took the marked currency from his left side chest pocket of his shirt and gave it to accused, who accepted with right hand and kept them in the right side chest pocket of his safari suit. Thereafter, accused informed complainant that he need not worry about the chapter case. The prearranged signal was given by complainant to the raiding team, who caught accused red handed. When accused was examined, anthracene powder marks were found on the fingertips and the detailed report of the incident was taken. Detailed post trap panchnama was prepared, investigation was lodged, sanctions obtained and charges were framed.