DEVIDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction in Special (A.C.B.) Case No.13 of 2012 by learned Additional Sessions Judge, Jalgaon on 26-11-2015, wherein he has been held guilty of committing offence 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.) Appellant was serving as Assistant Superintendent at Civil Hospital, Jalgaon and it is not in dispute that he is a public servant. The original complainant Deepak Laxman Wadnere is the brother of one Mangala Hari Sonar, who was employed as security guard with District Prison at Jalgaon (public servant). The complainant had come with the case that his sister Mangala was married, however, she along with her children was residing with the complainant due to dispute with husband. Mangala had undergone heart operation on 29-12- 2011. She was hospitalized till 05-01-2012. She was again admitted in hospital on 23-01-2012 due to stomach ache and vomiting. She has taken treatment in ICU in Indo American Hospital, Jalgaon. Thereafter, she was shifted to Rubi Hall Clinic at Pune from 30-01-2012 and was discharged on 06-02-2012. She resumed her service on 22-02-2012. Amount of Rs.5,04,051/- was spent on her medical treatment. She is entitled for the medical reimbursement and, therefore, she presented her medical bills on 15-05-2012 to District Superintendent of Jail, Jalgaon. Those bills were sent to Civil Hospital, Jalgaon for verification and sanction. The complainant says that as the hearing capacity of his sister is affected and as her heart has become weak, it was not possible for her to visit Civil Hospital in respect of sanction of her medical bills. Therefore, she had assigned the said job to the complainant. The complainant went to the hospital after about 15 days, after those bills were submitted. He came to know that present appellant/accused is assigned with the file and, therefore, after meeting appellant, complainant requested him to get the work done regarding sanction of the bills. Initially, he was told to come again, but thereafter, the accused started avoiding by saying that he should come again and again. When the complainant visited the hospital on 17-07-2012 and met accused, upon inquiry by the complainant, accused told that the complainant will have to give amount of Rs.50,000/- for presenting the said bills to the District Civil Surgeon and getting certificate/sanction from him. Complainant, then told accused that since already huge amount has been spent by them for treatment of her sister, it will not be possible for him to give the amount demanded. Accused then told the complainant that he will have to give amount of Rs.25,000/- for getting the said sanction. Complainant told accused that he would inform the said fact to his sister and taking affirmation from her, he would give the amount. Complainant got assured that the amount of Rs.25,000/- demanded by accused is nothing but bribe. He decided to lodge complaint as he was not ready to give bribe. Accordingly, he went to Anti Corruption Bureau, Jalgaon and lodged complaint on 17-07-2012.

(3.) After the complaint was lodged, two panchas were arranged and in their presence verification panchnama was carried out. At the time of verification the complainant had given phone call in presence of ACB officer Mr. Garud and the two panchas. The recording of the conversation has been done. After the verification was done it was decided to carry out raid. ACB officer explained the entire procedure, as to how the raid would be carried out, gave instructions to complainant and both the panchas. It was also explained to them, as to how the anthracene powder applied on the amount/ currency notes brought by the complainant would act and demonstration was shown. Pre-trap panchnama was carried out.