PRAKASH ANANT PAWAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these appeals are from the common Judgment and order dated 31st March, 1994 passed by the Special Judge, Thane, convicting accused No. 1 Prakash Anant Pawar of the offence under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentencing him to suffer R.I. for one year and to pay a fine of Rs. 1000/ - i.d. S.I. for three months and convicting accused No. 2 Sawalaram Kachere Mukadam of the offence under Section 7 of the Prevention of Corruption Act, 1988 and sentencing him to suffer R.I. for six months and to pay a fine of Rs. 1,000/ - i.d. S.I. for three months. Criminal Appeal No. 236/94 is filed by accused No. 1 Prakash Anant Pawar while Criminal Appeal No. 294/94 is filed by Sawalaram Kachere Mukadam, accused No. 2.

(2.) BOTH the accused were charged for offences punishable under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 on the allegations that at the relevant time i.e. in the month of January 1991 and February 1991, accused No. 1 being Talathi at Dahigaon Saja, Tal.Shahapur, Dist.Thane and accused No. 2 being a revenue Circle Inspector at Khardi circle, Tal.Shahapur, Dist.Thane i.e. Public servants within the meaning of Section 2(c) of the Prevention of Corruption Act, 1988, demanded Rs. 2000/ - from the complainant Kaundiya Subramaniyam Premavati as illegal gratification for effecting the mutation entries in her name in the Revenue Record i.e. 7/12th extract and in the record of rights in respect of land being Survey No. 21/2 part 13, area 2 Hectors and 79 Acres purchased by the complainant from one Shivramsingh Shankarsingh Pardesi a resident of Adharwadi, District Nashik, which demand was first made in January 1991 in the office of the Talathi at Khardi by accused No. 2, the Circle Inspector from the complainant as illegal gratification for preparing the necessary papers to effect the transfer of the land from the vendor to the complainant. The demand was made by the accused No. 2 in the presence of Talathi, accused No. 1. Again on 20.2.91, when complainant met accused No. 1 Talathi for the 7/12th extract, accused No. 1 told him to meet the Circle Inspector, accused No. 2 as the said extract would not be given without the sanction of accused No. 2. Accordingly on 25.2.91, complainant met accused No. 2 in Hotel Apsara when accused No. 2 demanded the bribe of Rs. 2,000/ - but finally settled it for Rs. 1,000/ -, Rs. 500/ - for himself and Rs. 500/ - for accused No. 1 to be paid to the accused for issuing 7/12th extract and extract of mutation entries.

(3.) SUBSEQUENTLY , one Anant Khardikar (PW -3) contacted the complainant and tried to persuade her to atleast spend Rs. 5,000/ - for getting the 7/12th extract. Complainant told him that she would not spend a single paisa for getting 7/12th extract. Khardikar told the complainant that she must pay something for getting the 7/12th extract. Khardikar then arranged a meeting of the complainant in the Apsara Hotel on 24.2.91 with the Circle Officer, accused No. 2. At the meeting, the complainant, Khardikar and Circle officer, accused No. 2 were present. One Estate Agent by name Gulab Deshmukh also came and joined them. At the said meeting, it was settled that the complainant would pay Rs. 1000/ - to the Circle Officer, Sawalaram Mukdam, for getting the 7/12th extract. Upon the amount being settled, the Circle Officer told the complainant "to go to him" on the next day in the evening with the amount of Rs. 1000/ - where she would be given 7/12th extract and mutation entries in respect of the property she had purchased. However, on the same day, the complainant went to the Anti Corruption bureau and gave an oral complaint. On 26.2.91, the complaint was recorded by the Anti Corruption Authorities. The same is on record. It was decided to lay a trap for which necessary arrangements were made. A sum of Rs. 1000/ - being trap money was handed over to the complainant. Pursuant thereof, the complainant alongwith the raiding party and panchas proceeded to the office of the Talathi. On the way at the Naka, Ananat Khardikar joined the raiding party to the Talathi office. However, only the complainant, Panch Thorat and Anant Khardikar went into the Talathi's office. On seeing them, Talathi appeared pleased and told the complainant "Madam Aap ka kam ho gaya, circle inspector ne aapka paper bhej diya". Complainant introduced the panch witness Thorat as her friend. The Talathi then started making the records and completed all the documents on the spot and handed over the 7/12th extract and mutation entries to the complainant. On receiving the same, complainant asked Talathi whether she should leave. The Talathi told her that she could do so. However, Anant Khardikar (PW -3) interrupted and told the Talathi that Madam had to pay the amount to the Circle Officer and that he should accept the said amount. Thereupon, the Talathi asked the complainant to pay the amount to him. Accordingly, complainant handed over the amount of Rs. 1000/ - (trap money) to the Talathi. Talathi, accused No. 1 kept the money in his file and wrapped the file with cloth and kept it in the cupboard. According to the complainant, Talathi clarified that the said amount was not for himself but for the Circle Officer, accused No. 2. Thereafter, complainant came out of the office and gave the prearranged signal by removing her spectacles. Thereupon, the raiding party came into the office of Talathi. They were informed by the complainant that Talathi, accused No. 1 had received the said amount and kept it in the records. Accused No. 1 was apprehended and the trap money recovered from the cupboard of Talathi as per the disclosure by the accused No. 1 himself. Necessary tests were carried out. At that time, accused No. 2, Circle Officer also arrived in the office of the Talathi. On seeing him, the complainant informed the police officers, by pointing out the Circle Officer, that he was the real culprit. The complainant handed over to the police the 7/12th extract and mutation entries which he had just received from the Talathi. They are at Exhibits 12 and 13. The Investigating Officer Joshi recorded the statement of the complainant. F.I.R. came to be registered against both the accused. Chargesheet was filed against the accused before the Special Court after the receipt of necessary sanction was obtained. The Special Court framed charges which were read over and explained to the accused who denied his guilt and claimed to be tried. After recording the evidence of witnesses, the statement of the accused under Section 313 was recorded.