MAHADEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by original accused No.1 challenging judgment and order dtd. 18/5/2009, passed by learned Special Judge, Osmanabad, in Special Case (AC) No.8 of 2007, by which the learned Judge was pleased to hold this appellant guilty of offence punishable under Sec. 7, 13(1)(d) read with sec. 13(2) of the Prevention of Corruption Act [for short "the Act"] and has sentenced the appellant to undergo three years of rigorous imprisonment and to pay fine of Rs.4000.00 and in default to suffer further rigorous imprisonment for a period of two months for the offence punishable under sec. 7 of the Act. For the offence punishable under sec. 13(1)(d) r/w 13(2) of the Act, the appellant is sentenced to suffer rigorous imprisonment for a period of four years and to pay fine of Rs.5000.00 and in default to suffer further rigorous imprisonment for a period of two months. Accused No.2 came to be acquitted.

(2.) The appellant/accused was working as a Police Head Constable in Police Station, Kallam, Dist. Osmanabad. As per the allegations, he had demanded an amount of Rs.30,000.00 from the complainant PW-1, namely, Sadik Mahmad Hamid Sayyad. The complainant-accused in a criminal case had approached Sessions Court and thereafter this Court seeking bail. This Court while granting bail, had imposed condition upon the informant to attend the police station twice a week. It is alleged that the informant could not attend the police station, as the informant lost his niece on 3/1/2007. He told the accused that he could not attend the police station for the said reason. Upon which there was demand of Rs.30,000.00 by the accused saying that he would move the Court for cancellation of bail. The amount was settled at Rs.20,000.00. The informant was asked to bring an amount of Rs.10,000.00 towards first installment. It is for this reason, the informant approached the Anti-corruption Bureau on 9/1/2007 and lodged the report.

(3.) On the basis of information PW 4 decided to lay a trap. The informant was called on next date to office of ACB. Panchas were also called to the office. The informant went to the ACB Office along with his friend PW-2-Tambare. After giving proper instructions and showing demonstration of the anthracene powder etc. the raiding team decided to go to police station on 10. 01.2007. It is alleged that the accused No.1 asked the informant, whether he brought the thing that was agreed, on which the informant said 'yes'. The accused told to give that thing to PW-2-Tambare and told complainant to wait outside. PW-2-Tambare asked him to make a gesture by looking at the informant that he had paid the money to the present accused. It is, thereafter, the informant gave signal to the raiding party who came and caught the accused. His hands were checked under ultraviolet lamp. It is said that the trap was successful and prosecution came to be launched after obtaining sanction from the superior of accused No.1. The investigation was carried by PW-4. A charge-sheet came to be filed and appellant/accused along with accused No.2 were tried. After the Trial, the learned Special Judge convicted present accused and acquitted accused No.2.