PARKASH ANANT PAWAR Vs. 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. 20 (50/- from the complainant Kaundinya 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 29. 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.) ACCORDING to the complainant, she had applied for obtaining the 7/12th extract to the Talathi of village Dudhar i. e. Shri Prakash Pawar, the present appellant/accused no. 1. However, since the same was not issued despite several visits by the complainant to the office of the Talathi, she applied to the collector who promised to look into the matter. She sent copies of her application made to the collector, to the Talathi and Tahasildar. The said application is at Exhibit-10. Since nothing happened for 15 days, the complainant met the Talathi sometime in January 1991. The Talathi (accused no. 1) told her nothing was in his hands and that the Circle Inspector, accused no. 2 was the proper authority to consider the matter. In the same week in january 1991, the complainant met the Circle Inspector in the office of the Talathi when the Talathi, accused no. 1, and the Circle Inspector, accused no. 2 were both present. On making inquiry about her application for 7/12th extract, the Circle Inspector, accused no. 2 told her "aisa Kaisa Chalega, Paisa Kharch Kiye Bigar 7/12 nahi Milega. " The complainant thereupon told the Circle inspector that she would receive the 7/12 extract without having to pay any money.