STATE OF MAHARASHTRA Vs. MANGALA SHANKAR CHINCHAWADE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 23rd May 2008 passed by the District Judge-1 and Special Judge (under P.C. Act) Pune, acquitting respondent (accused) of offences punishable under Section 7 (Public servant taking gratification other than legal remuneration in respect of an official act), Section 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act, 1988 (PC Act).

(2.) According to prosecution, one Vimla Kishnani had filed a Special Civil Suit No.58 of 2000 in the Court of Civil Judge, Senior Division, Pune. Due to old age, Vimla Kishnani could not attend to the matter personally and therefore, gave a power of attorney to her son-in-law Kamlesh Giridharilal Sharma, complainant (PW-1), for prosecuting the said suit. After decree, execution application no.159 of 2002 was filed for recovery of the amount. Judgment debtor deposited the amount in the said execution proceedings from time to time. On 2nd September 2003, judgment debtor deposited the balance amount of Rs.22,000/- in Court.

(3.) Accused was working as Junior Clerk in the said Court and was looking after the execution proceedings. After judgment debtor deposited the amount of Rs.22,000/-, accused informed complainant (PW-1) about the same. According to prosecution, accused promised to help PW-1 to withdraw the amount provided PW-1 gave a bribe of Rs.1,000/-. With reluctance, PW-1 paid a sum of Rs.600/- to accused. This demand was made on 2 nd September 2003. Accused then informed PW-1 to pay the balance amount of Rs.400/- after withdrawing Rs.22,000/- and asked PW-1 to come to Court on 3rd September 2003 for collecting the cheque/pay order. Thereafter, PW-1 withdrew the amount of Rs.22,000/- on 2nd September 2003. On 3rd September 2003, PW-1 went to Anti Corruption Bureau and filed the complaint against accused. After the pre-trap formalities were completed, it was decided to trap accused on 3rd September 2003 while giving the balance amount of Rs.400/-. For the raid, PW-1 was accompanied by his wife and PW-2, the shadow panch. PW-1, PW-2 and the wife of PW-1 went to room no.215 where accused was sitting and after exchanging greetings, PW-1 asked accused for returning the original documents from file. Accused asked PW-1 to file an application. After collecting the application, accused asked PW-1 to wait for some time then closed the door and went away for lunch. After lunch, accused returned at which time in the presence of the wife of PW-1 and PW-2, accused informed PW-1 that the work is not with her but is with another clerk. At that stage, one Advocate Mahesh came, who was also told about the application to be filed. Mahesh directed PW-1 to affix court fee stamp on the application and after affixing court fee stamp, application was given to accused. It seems PW-1 asked accused as to whether she was unhappy at which time accused informed him that he has collected the amount of Rs.22,000/- but paid her only Rs.600/- and the balance amount of Rs.400/- was not paid. Thereafter, accused collected the application and entered the Court hall and pointed to the lady clerk and informed complainant that the documents were with the lady clerk. The cheque was with the lady clerk. PW-1 approached the lady clerk and asked for the same. The lady clerk handed over the cheque to PW-1 and asked him to submit a photocopy of the cheque for the Court records. Complainant collected the original cheque and came out of Court for obtaining a photocopy and after obtaining photocopy, complainant met accused. Accused asked complainant to pay the balance amount as per the agreement. Complainant handed over the amount which accused received and kept it in her purse. Thereafter, complainant came out and gave the agreed signal. The raiding party rushed and caught accused red handed and found the tainted money in the purse of accused. Thereafter, post-trap formalities were completed, report made and after obtaining sanction, complaint was lodged and charges were framed. The Trial Court acquitted accused.