PANDURANG KESHAV JAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, a City Survey Ofcer in the Revenue Department of the State of Maharashtra, has been convicted of the ofences punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 ( 'Act ' for short) and sentenced to sufer rigorous imprisonment for one year and fne of Rs.1,000/-, in default to sufer rigorous imprisonment for three months.

(2.) Prosecution 's case unfolded in the evidence is; Complainant 's father, Rama died in April, 1991. In September, 1991, he applied to enter the names of heirs of late Rama in records of lands bearing CTS Nos.827, 832, 886 and 9043 maintained by the Revenue Department. The appellant, revenue ofcer, demanded Rs.200/- to process his request and for issuing property register cards in respect of four lands as aforesaid. Complainant paid Rs.125/- to him somewhere in October, 1991 leaving the balance of Rs.75/-. Whereafter, the complainant was called by the accused in the ofce on 22nd October, 1991 and again on 28th October, 1991, but by that time, application was not processed. On 28th October, 1991, accused demanded Rs.100/- (balance Rs.75+25), reward for issuing property register cards. Following that he lodged the complaint with the Anti Corruption Bureau.

(3.) After drawing verifcation and pre-trap panchanamas, raiding party proceeded to the ofce of the appellant-accused. Mr. Koregawe, Panch Witness (P.W.2) accompanied the complainant. Evidence would disclose that accused handed over, four property register cards; whereupon he demanded and accepted, Rs.100/- from the complainant. Raiding party after giving signal, rushed to ofce and apprehended the appellant and recovered Rs.100/-, 'tainted currency ', notes from his possession.