MADHUKAR GULABRAO KHADSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT Madhukar s/o Gulabrao Khadse has impugned the judgment and order passed by the learned Special Judge (under the Prevention of Corruption Act, 1988), Bhandara, in Special Case No. 3 of 1992, whereby he convicted the appellant of the offences under sections 7 and 13 (1) (d) of the Prevention of Corruption Act, 1988 and sentenced him to suffer simple imprisonment for one year and to pay a fine of Rs. 1,000/- or in default to suffer simple imprisonment for three months more for the offence under section 7 of the Prevention of Corruption Act, 1988 and again to suffer simple imprisonment for one year and to pay a fine of Rs. 1,000/- or in default to suffer simple imprisonment for three months more for the offence under section 13 (1) (d) of the Prevention of Corruption Act, 1988. The substantive sentences of imprisonment were directed to run concurrently.

(2.) THE case of the prosecution is as below: A)At the relevant time, complainant, Shriram s/o Laxman Kale was serving in Public Works Department (B and C), Bhandara, as Lohar Mistri (Blacksmith ). Earlier to the incident in this case, complainant Shriram fell ill and as such, he had submitted an application for the grant of commuted leave for the period from 29-10-1991 to 29-12-1991. After he recovered from illness, he obtained a fitness certificate from Dr. Dhumankhede. After procuring the fitness certificate, he produced the same, gave a joining report and resumed his duty on 30-12-1991. The Sub-Divisional Officer, P. W. D. , was not empowered to grant leave for a period exceeding one month and the sanctioning authority for that purpose was the Executive Engineer. So, the leave application of the complainant was to be forwarded to the Office of Executive Engineer, Bhandara. (B)On 24-1-1992, the complainant met the clerk in the office of Sub-Divisional Officer, P. W. D. Bhandara, and requested him to forward the papers to the Office of Executive Engineer, P. W. D. , Bhandara. The concerned clerk handed over the leave application and other papers along with the covering letter to the complainant for being forwarded to the Office of Executive Engineer. The complainant accordingly carried the Dak to the Office of Executive Engineer, P. W. D. , Bhandara. He delivered the Dak in the Office of Executive Engineer to the concerned clerk Shri Mothghare. The accused/appellant was serving in the Office of Executive Engineer, P. W. D. , Bhandara, as a Senior Clerk. He was working in the establishment section and he used to deal with the leave applications. The accused/appellant called the complainant in connection with his leave application. The complainant made enquiry with the accused about the sanction of leave. The accused told that his leave would be sanctioned after 3/4 days. The accused demanded Rs. 50/- to the complainant to clear up his leave application, using the words pan supari. The complainant told the accused that he had no amount at that time and he would give it subsequently on 28th or 29th. (C)The complainant was not willing to pay the amount of Rs. 50/- to the accused. So, on 29-1-1992, he approached A. C. B. , Bhandara and lodged the complaint. Shri Uparikar, who was attached as a Police Inspector to A. C. B. , Bhandara, reduced into writing the complaint of the complainant as per his narration. Police Inspector Uparikar then summoned two panch witnesses from District Malaria Office, Bhandara, by issuing a requisition letter. In response to that letter, two panch witnesses, namely Prakash Narayan Ukey and Shivshankar Mannade, attended the Office of A. C. B. , Bhandara. P. I. Uparikar introduced the complainant to the said panch witnesses. On the directions of P. I. Uparikar, the complainant narrated his complaint orally to the panch witnesses. Then P. I. Uparikar gave the written complaint of the complainant to the panch witnesses for reading. The panch witnesses ascertained the contents of the written complaint and made the necessary endorsement thereon. (D)Thereafter the demonstration of the use of phenolphthalein powder was made and the effect of sodium carbonate thereon was shown to the complainant and panch witnesses. The phenolphthalein powder was applied to the currency notes of Rs. 50/-, which were brought by complainant Shriram Kale. The said currency notes were kept in the pocket of manila of complainant Shriram Kale by Constable Dhande. The necessary instructions were given to the complainant. Panch No. 1 Prakash Ukey was asked to accompany the complainant. The necessary instructions were given to panch Prakash Ukey also. Panch No. 2 Mannade was asked to accompany the raiding party. Complainant Shriram was instructed to give signal to the raiding party after the amount of bribe was given. All the procedure adopted as above, was incorporated in the panchanama and panchanama No. 1 was drawn. (E)Complainant Shriram and panch witness No. 1 Prakash Ukey proceeded to the Office of Executive Engineer (B and C), Bhandara, on their bicycles. The members of the raiding party along with panch witness No. 2 followed them on the motorcycle and bicycles. They all reached the place near Gurjar Petrol Pump around 1. 30 p. m. Complainant Shriram and panch No. 1 Prakash Ukey entered the office of the accused. The members of the raiding party kept themselves waiting nearabout the said office. (F)Complainant Shriram enquired with the accused whether his leave was sanctioned. The accused asked the complainant to go outside. Accordingly, the complainant and panch witness Prakash came out of the office to the Pan Stall. The accused also came there. The accused asked the complainant whether he had brought the pan supari amount. The complainant told him that he had brought that amount. The accused demanded the amount of Rs. 50/- to the complainant. The complainant took out the currency notes of Rs. 50/- from his pocket. The accused took that amount and put it in the pocket of his shirt. Thereafter the complainant went away and gave a preplanned signal. (G)On receiving the signal as above, the members of the raiding party arrived on the spot. P. I. Uparikar and Head Constable Rokde went ahead and caught hold of the hands of the accused. The accused asked to save him and made an attempt to get his hands released. However, P. I. Uparikar warned him to keep quiet. The solution of sodium carbonate was prepared. All the members of the raiding party, including the panch witnesses, dipped the fingers of their hands in the solution. The colour did not change. Then the fresh solution of sodium carbonate was prepared and the accused was asked to dip the fingers of his right hand in the solution. The colour of the said solution then changed to violet. Panch witness No. 1 Prakash Ukey and complainant Shriram told the Police Inspector that the accused had demanded and accepted the amount of bribe from the complainant and had kept the said amount in the pocket of his manila. Panch witness No. 2 Mannade was asked to take out the amount of bribe from the pocket of manila of the accused. The solution of sodium carbonate was sprinkled on the said currency notes. The colour of solution changed to violet. The said currency notes were seized by Police Inspector Uparikar. Then the fresh solution of sodium carbonate was prepared and the solution was sprinkled on the pocket of manila of the accused. The colour of solution changed to violet. The manila of the accused was also seized. (H)On enquiry about the leave application and other documents of complainant Shriram, the accused told that those documents were kept in the office on his table. So, the members of raiding party entered the office and Police Inspector Uparikar seized the documents in question. Then the facts of the incident which took place in the office of the accused between him and the complainant were ascertained from panch witness No. 1. Panchanama No. 2 incorporating all the procedure adopted as above, from the point of time after the completion of the procedure in panchanama No. 1, was drawn. (I)P. I. Uparikar prepared the report and forwarded the same along with the covering letter to Police Station, Bhandara. On the said report being lodged, the offence was registered. P. S. I. Aziz thereafter conducted the further investigation, during which he forwarded the articles, including the sample bottles of solution, etc. , to the Chemical Analyzer for examination. On completion of the investigation, all the case papers were forwarded to the Deputy Commissioner of Police for obtaining the sanction. The Superintending Engineer, P. W. D. , Nagpur Circle, Shri Jangde accorded the sanction. The accused was then charge-sheeted.

(3.) THE charge of the offences under section 7 and section 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988 was framed by the learned Special Judge (under Prevention of Corruption Act, 1988), Bhandara. It was read over and explained to the accused and he pleaded not guilty.