RAGHUNATH KASINATH MOKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this Appeal, is to the judgment and order dtd. 15/12/2001 passed by the learned Sessions Judge, Raigad at Alibag, in Special Case No.02/1996, by which the Appellant Raghunath Mokal (since deceased) has been convicted under Sec. 7 and 13(1)(d) r/w. 13(2) of the Prevention of Corruption Act, 1988 ( 'the said Act '). The Appellant - Accused has been sentenced to suffer Rigorous Imprisonment, for one year, on either count, with fine. The original Appellant died during the pendency of the Appeal and the Appeal is prosecuted by his legal representatives.

(2.) The prosecution case may be briefly stated thus- The deceased Appellant was working as a Talathi at village Saja Kolad, Tehsil Roha, District Raigad. On 25/1/1996, P.W.1 Vasant Shelar had applied to the Tehsildar for effecting mutation in respect of a purchase of land Gat No.127 at village Pale by his sister-in-law Mitali Shelar from one Harishchandra and his family members by a sale deed dtd. 9/6/1995 and for issuance of certified copy of 7/12 extract. The application for mutation was sent to the Appellant for necessary action. It is the prosecution case that on 16/2/1996, the Appellant made a demand of Rs.500.00 as illegal gratification from P.W.1 for effecting the mutation and issuance of certified copy and accepted an amount of Rs.200.00and the balance amount of Rs.300.00 was accepted on 22/2/1996. In the interregnum, P.W.1 made a complaint to the Anti Corruption Authorities, in pursuance of which, a trap was arranged on 22/2/1996. After the initial formalities were gone into and the procedure was explained to complainant P.W.1 and panch P.W.2 Harishchandra More who is working in the B & C department, a pre-trap panchanama was drawn. The raiding officer P.W.4 Bharat Sarwade alongwith the complainant and the panchas has went to the office of the Talathi at Saja Kolad. The complainant accompanied by P.W.2 went to the Appellant. The Appellant demanded the balance amount of Rs.300.00 which was paid by P.W.1 and accepted by the Appellant - Accused, after which P.W.1 gave the predetermined signal, upon which, other members of the raiding party came in. P.W.1 was asked to wait outside. After the formalities were completed including the finding of the anthracene powder on the person of the Appellant - Accused, a Post Trap Panchanama was drawn.

(3.) The matter was referred to Sub Divisional Magistrate Mr. Nitish Thakur P.W.3 who granted sanction for prosecution by order dtd. 23/9/1996, after which, a chargesheet was filed, before the Special Court, which was registered as Special Case No.02/1996.