APPASAHEB NARAYAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Learned Special Judge, Sangli convicted the Appellant for offence punishable under Section 13(1)(d) read with Section 13(2) and 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the PC Act") directing to undergo R.I. for one year and to pay fine of Rs.2,000/ (Rs. Two Thousand only) with default clause to suffer imprisonment for six months and to pay fine of Rs.200/ (Rs. Two Hundred only) respectively. Both substantive sentences was directed to run concurrently. Feeling aggrieved, present Appeal is preferred which is admitted on 21st December, 2004.

(2.) The appellant was a Talathi at the material time. In Dafalpur, Taluka Jath, District Sangli, was a public servant within the meaning of Section 2(c) of the P. C. Act. The allegations are, in order to effect mutation of the complainant Ankush Baburao Sankpal and his other brothers, sisters, after death of his father Baburao, the appellant allegedly demanded Rs.500/ (Rs. Five Hundred only) which he scale down to Rs.250/ (Rs. Two Hundred Fifty only). The matter was reported to police attached to Anti Corruption. On 1st June, 2002, the appellant while in his office demanded Rs.250/ (Rs. Two Hundred Fifty only) to the complainant and accepted said amount which was in the form of tainted notes in presence of independent panch PW.2 Pratap Prabhakar Jamdar. The events were recorded in pretrap and posttrap panchanama Exhibits 23 and 24 and tainted notes and incriminating documents were recovered. P.W.3 Jotiba Tukaram Patil, Sub Divisional Officer was examined as sanctioning authority. P.W.4 Ramchandra Dadu Chavan carried investigation. P.W.1 Ankush Sankpal was the complainant who has narrated facts of demand dated 31st May, 2002 and acceptance dated 1st June, 2002.

(3.) Learned senior counsel confined his submissions to two aspects: