REVU WALA RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appellant is convicted by the Special Judge at Ambajogai in Special Case No. 6 of 2001 for the offences punishable under section 7, 13(1)(d) r/w. section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act"). He is sentenced to suffer R.I. for two years and to pay fine of Rs. 5000/- for the offence punishable under section 7 of the Act and further to suffer R.I. for three years and to pay fine of Rs. 5000/-for the offence punishable under section 13(1)(d) r/w. section 13(2) of the Act. Aggrieved by the said order and judgment dated 9.2.2004, the present Appeal is preferred. The facts in brief are as under:-

(2.) The present appellant, being the Head Constable had recorded certain statements of certain witnesses and carried certain investigation. In that situation, on 29.3.2001, while complainant Bhagwan was standing at certain square at Shirsala, the present appellant informed him that the offence of murder will have to be registered against the brother of the complainant. When the complainant questioned as to how the offence can be registered since all the witnesses in his presence has told the appellant that the death of Prabhu was merely an accidental death. Ultimately, the complainant requested the appellant not to register any crime. During the conversation, the appellant told the complainant that the complainant would be required to pay Rs. 10,000/- to the appellant, for closure of the case. For the purpose of closure, he will have to obtain the signatures of his superior official and without taking any money, the superior would not sign the same. When the complainant showed his readiness to meet the superior officer, the appellant told that in that case, the superior officer may increase the demand to Rs. 25,000/-. Ultimately, the appellant became ready to pay an amount of Rs. 10,000/-. He told the appellant that he would pay an amount of Rs. 2000/-, as advance on 1.4.2001 and rest of the amount of Rs. 8000/- would be arranged by obtaining loan and would be paid by 5.4.2001. It was agreed that first of the installment of Rs. 2000/- would be paid in a hotel in the said square between 10.00 a.m. to 2.00 in the noon. Since the complainant was not ready to pay the bribe, he went to the Anti Corruption Bureau and filed his complaint on 31.3.2001.

(3.) P.W. 6 Deputy Superintendent of Police Mahendra Bhokare has conducted the investigation in the complaint. He arranged for two necessary trap witnesses by securing them from the Principal of I.T.I. Beed. Out of them, panch No. 1 was Phulchand Darade while panch No. 2 was Balaprasad Vaishnav. The decoy money was collected by the complainant and the trap was laid on 1.4.2001.