STATE OF MAHARASHTRA Vs. BHAGWAN VITHALRAO MAHAMUNI

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Special Case No. 19/1997, which was pending in the Court of Special Judge, Jalna. The respondent is acquitted of the offence punishable under section 7 and section 13(1)(d) r/w. 13(2) of Prevention of Corruption Act, 1988 (hereinafter referred to as the "PC Act" for short). In short, the facts leading to the institution of the appeal can be stated as follows:-

(2.) On 3.4.1997 the complainant received amount of Rs. 9801/- on aforesaid count. On 10.4.1997 the accused approached complainant and again made the aforesaid demand, by saying that the complainant got his dues. The accused then gave threat that he would create obstruction in future, if the demand was not met with. The demand of Rs. 1,000/- was continued and the accused during negotiations said that he may reduce the demanded amount. To see that there is no trouble in future, initially the complainant agreed to pay the amount, but he then approached to Anti Corruption Bureau (ACB) on 12.4.1997 and he gave report against the accused.

(3.) In the office of ACB necessary formalities were completed. With one panch witness complainant was sent to the accused to ascertain as to whether there was demand. Then a trap was laid which was at a place situated outside the office. During trap, the tainted money of Rs. 1,000/- was demanded by the accused and when complainant delivered the amount, the accused kept the amount in chest pocket of his shirt. This tainted money came to be recovered during the post trap panchanama and accordingly the panchanama came to be prepared. From sanctioning authority, sanction was obtained and the case came to be filed for aforesaid offence. The charge came to be framed for aforesaid two offences, to which the accused pleaded not guilty.