MANIKRAO ABAJI THONGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY the present appeal, the appellant original accused, seeks to impunge an order of conviction and sentence imposed upon him by the learned Special Judge Sholapur, on 29/4/1986 in Special Case No. 4 of 1985. By the order the accused has been convicted under section 161 of toe Indian Penal Code and section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act: For the offence under section 161, I. P. C. he has been sentenced to suffer rigorous imprisonment for 3 months and for the offence under section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act. he has been sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 750/-in default to suffer further rigorous imprisonment for 2 month. The substantive sentences have been directed to run concurrently.

(2.) THE accused was charged in the aforesaid trial for having on 15/2/1985, 21/2/1985, and 23/4/1985 while he was serving as Circle Inspector, demanded a sum of Rs. 250/- from P. W. 1 Hanmant Nalavade as a motive of reward for doing an official act i. e approving the case papers regarding the inquiry into the application of Hanmant for opening a poultry farm under the Scheme of Financial Assistance to educated unemployed and for having finally accepted the said amount on 24/4/1985.

(3.) THE case of the prosecution briefly stated is as under: The complainant P. W. 1 Hanmant had passed his B. Com. , but was unemployed. He wanted to start a poultry farm. He, therefore, applied to the Government for grant of assistance. The application was forwarded to the Tahsildar for inquiry. The Tahsildar in turn sent the application to the accused and called for his report. On 202. 1985, the accused who was then a Circle Inspector sent a message through the Sarpanch and called the complainant. Accordingly, the complainant on 21. 2. 1985 contacted the accused in his office. The accused showed the complainant his papers concerning his application for assistance and recorded the statement of the complainant. The accused told the complainant that he would get land worth Rs. 2,500/- free of cost and that the complainant should pay him Rs. 250/ -. The accused also asked the complainant to produce certain documents. The accused also asked him to obtain a resolution of the Gram Panchayat regarding its to objection for the grant of land. The accused asked him to produce the documents and also 10 bring Rs. 250/ -. The complainant applied to the Gram. Panchayat and the Gram Panchayat on 23/1/1985 passed the necessary resolution. On 1/3/1985, the complainant went to the office of the accused and handed over the resolution to the accused. The complainant stated that he was unable to obtain the requisite documents from the Malachi. The accused offered to secure the necessary documents. When asked for the amount, the complainant expressed his inability to pay Rs. 250/- at once. He agreed to pay some amount at that time and pleaded that the work should be done. He assured that he will pay the balance later on. The accused, however, insisted on lump sum payment and unless the payment was made the work would not be done. Again on 15/4/1985, the complainant went to the accused and asked him about his work. The accused reiterated his demand and stated that if payment is made, work will be done. He stated that the case papers will not be forwarded unless payment was made. The accused stated that till the delivery of possession, the entire matter was under his control and whenever the complainant makes payment he will complete his work the accused told him he had received the relevant documents from the Talathi. On 23/4/1985, the complainant came to Barshi. He was on his way to Solapur for an interview in response to an interview call through employment exchange. On that day he had brought tiffin box of P. W. 3 Buvasaheb Agav who belonged to his village. The nephew of Buvasaheb was in the hospital at Barshi and Buvasaheb was attending on him. Buvasaheb wanted to meet the accused as he wanted to obtain an Income Certificate for a job for which he desired to make an application. The complainant asked Buvasaheb that while he met the accused for his Income Certificate, he should inquire about the complainantts work. Buvasaheb met the accused and inquired about the complainants work. Buvasaheb met the accused and inquired about the complainant work. The accused told Buvasaheb that he-had been waiting for the complainant for the last two months but the complainant had not turned up. The accused asked Buvasaheb to inform the complainant that if he brings money, his work will be done and if he did not bring the money his work will not be done and, therefore, complainant should come with money. Buvasaheb inquired with the accused during that time he will be available on the next day and the accused told him that the complainant may see him between about 8. 30 to 9 a. m. Buvasaheb conveyed message of the accused to the co m p Ia in ant. On the same day, the complainant went to the office of the Anti Corruption Bureau and lodged a complaint Ext. 20. The plaint was recorded by P. W. 4 Vidyadhar Wadekar, Inspector of Police. A trap was laid on the next date. After following the usual procedure a pretrap panchanama Ext. 31 was prepared in the presence of Panch witness P. W. 2 Sashikant Motgi. As was arranged, Complainant in the company of the Panch went to the accused. At that time, accused was seen proceeding from his house towards a motor-cycle. The complainant met him and told him that he had come for his work of poultry farm. Accused asked him whether he had brought the money and asked him to hand over that amount if he had brought it as he was in hurry to go for some work. The complainant handed over the amount of Rs. 250/ -. The accused Courted the amount and put it in the pocket of his banian. After the predetermined signal was given, the raiding party arrived. P. W. 4 Wadekar introduced himself as Inspector of the Anti Corruption. At /this juncture, the accused tried to wipe his hands to his shirt but Wadekar caught his hands and warned him not to wipe the hands. Wadekar asked the accused to take out the cash from his pocket but the accused asked Wadekar to take it out Wadekar asked Panch Jadhav to take out the cash. Accordingly, Jadhav took out the cash from the pocket of the banian of the accused. The currency notes, hands of the accused and the pocket of the banian were found smeared with anthracene power. A Panchanama Ext. 32 in respect of the aforesaid event was recorded. On inquiry, the accused produced a dispatch register and Tapal Book and the same were attached under Panchanama Ext. 11, Inspector Wadekar registered the offence, recorded statements of witnesses. He sent letter Ext 38 to the Collector for obtaining sanction and the Collector granted the necessary sanction vide Ext. 37. The accused was thereafter charge-sheeted for the aforesaid offences.