RAFIQ BEG MIRZA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by original accused No.1 challenging his conviction by learned Special Judge, Jalgaon, Dist. Jalgaon on 4/4/2005 in Special Case No.10 of 2004; thereby convicting him for the offence punishable under Sec. 7, 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "P.C. Act" for short).

(2.) Original accused No.1/present appellant No.1 was serving as Police Head Constable in the year 2004 and was attached to Pahur Police Station, Dist. Jalgaon at the time of incident. Original accused No.2/ present appellant No.2 was not a Government Servant.

(3.) Prosecution had come with a case that original complainant - one Dhanraj Pratap Jadhav was in cattle business in the weekly market at Wakod. He had sold pair of bullocks to one Rangnath on 2/7/2003. Some amount was remaining to be paid by Rangnath to complainant. In spite of repeated demands, he had not paid that amount for a period of two months. Complainant, therefore, went to accused No.1 and narrated the story. Accused No.1 had asked him to give a complaint-application, which was given accordingly. Accused No.1 had then called Rangnath to Police Station. Rangnath went along with his brother-in-law. They both had requested complainant that he should not lodge any report. They promised to pay the remaining amount within 10-15 days. It is the further story that, said brother-in-law had brought his pair of bullocks in the weekly market for sale and they were purchased by complainant through one Gopichand Chavan. Complainant paid part amount and promised to pay remaining within 8 days. After 8 days, he asked complainant to pay his balance. Complainant then told that his amount from Rangnath be arranged first and then he would pay. Said brother-in-law Arjun Kalal then lodged report against complainant in the police station. Complainant was then called by the accused No.1. Complainant then says that accused No.1 had demanded amount of Rs.5000.00. Accused No.1 had given threat to complainant that if he fails to bring the amount, he would be put behind bars. Accused No.1 had gone to Wakod bazar on 14/2/2004 and after giving threats, recovered Rs.1000.00 from complainant. Complainant says that he promised accused No.1 to pay amount of Rs.4,000.00 within 2-3 days. Complainant's story is that he was proceeding to Pahur on 20/2/2004 and was near police station, when he was called by accused No.1. Accused No.1 demanded remaining amount of Rs.4,000.00. Complainant agreed to give Rs.2,000.00 in weekly bazar. According to complainant, nothing was due to accused No.1 from him and the amount which the accused No.1 was demanding was illegal gratification. Complainant was not ready to give bribe, hence, he approached Anti-Corruption Bureau, Jalgaon and lodged complaint.