BAJRANG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by the accused who is convicted for the offence punishable under Ss. 7, 13 (1) (d) r/w 13 (2) of the Prevention of Corruption Act, 1988 ( hereinafter referred to as "the Act"). He is sentenced to suffer rigorous imprisonment for two (02) years and to pay fine of Rs.10,000.00 (Rs. Ten Thousand only) in default to suffer rigorous imprisonment for six (06) months for the offence punishable under Sec. 7 of the Act. He is directed to suffer rigorous imprisonment for three (03) years and to pay fine of Rs.10,000.00 (Rs. Ten Thousand only) in default to suffer rigorous imprisonment for six (06) months for the offence punishable under Sec. 13 (1) (d) r/w Sec. 13 (2) of the Act. He is held guilty and convicted by the judgment and order dtd. 27/12/2012 passed by the learned Additional Sessions Judge, Majalgaon in Special (ACB) Case No. 01/2010.

(2.) The accused was working at the relevant time as Police Constable at Police Station Majalgaon on the establishment of Superintendent of Police, Beed. It appears that, he demanded an amount of Rs. 5,000/-(Rs. Five Thousand only) from the informant - PW-1 namely Hanumant Bhumre as a gratification for not filing a chapter case against brother-in-law of the informant. It is the complaint filed by the complainant Hanumant Bhumre that there was a compliant lodged against brother-in-law namely Dnyanoba Kandure. On getting the information he went to Majalgaon Police Station. He found Dnyanoba sitting outside the Police Station. The investigation in that matter was given to this accused. On 29/8/2009, the informant requested the accused not to file a chapter case whereupon the accused asked whether he has brought any amount and demanded Rs. 5,000/- (Rs. Five Thousand only) for bail of Dnyanoba. Upon this, the informant told that he would bring an amount on 31/8/2009. On the same day, he went to the office of Anti Corruption Bureau (ACB) and lodged a complaint against the accused. This informant was accompanied by his friend namely Sawant. The informant narrated the incident in the office of ACB, Beed to Dy.S.P. Mr. Pujalwar. On 31/8/2009 two panchas were called by the Dy.S.P. and in their presence the complaint was given. On receiving complaint it was decided to lay a trap on the very day. The raiding party reached to the Government Rest House, Majalgaon at around 3.00 p.m. The informant was asked to contact the accused on a mobile phone by switching it on speaker mode. From the conversation it was verified that there was demand of Rs. 5,000/- (Rs. Five Thousand only). After this verification, the raiding party proceeded to the Police Station at 5.00 p.m. The informant and one panch went in the Police Station where allegedly the amount was demanded by the accused. On demand the amount was paid and signal was given to the raiding party. The raiding party on receiving the signal immediately went in Police Station and further procedure was completed.

(3.) It is the defence of the accused that he has not demanded and accepted the amount. He has been falsely implicated by the informant as the accused was making investigation in the offence wherein brother-in-law of the informant was an accused.