NARENDRA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 31st of July, 2007 passed by Judge, Special Court (ACB), Nagpur in Special Case No. 22 of 1998, by which appellant came to be convicted for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and is sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default to suffer R.I. for three months. Appellant is further convicted for the offence punishable under Section 13(1)(d) read with Section 13(2) of the said Act and is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 2000/-, in default to suffer rigorous imprisonment for six months. Prosecution case can briefly be stated as follows Appellant/accused on the date of incident was working as Junior Clerk, attached to the court of Judicial Magistrate (F.C.), Katol, Distt. Nagpur. Complainant Faridshah Makbulshah was having two criminal cases under the Prohibition Act being Prohibition Case Nos. 197 of 1997 and 1452 of 1996 pending before the said Court. Appellant admittedly being Clerk attached to the Court of Judicial Magistrate (F.C.), Katol was looking after the compliance of procedural formalities of the proceedings pending before that Court. According to complainant, he was regularly attending the court proceedings and on each date appellant used to demand Rs. 10/- from him for obtaining further date.

(2.) It is the case of prosecution that on 19th of July, 1997, appellant demanded Rs. 100/- from complainant for getting acquitted from Prohibition Case No. 197 of 1997 and on 21st of July, 1997 he came to be acquitted. However, another Prohibition Case No. 1452 of 1996 was pending and was listed on board on 19th of August, 1997, on which day accused demanded Rs. 100/- from complainant for his acquittal from this case and informed the complainant that he would fix the case on 21st of August, 1997 on which day appellant agreed to accept bribe of Rs. 100/- and informed complainant that he would post said case on 21st of August, 1997. Since complainant was not intending to pay bribe of Rs. 100/-, he visited office of Anti Corruption Bureau, Nagpur on 21st of August, 1997 and lodged his report Exh. 17 which was recorded by PW 3 Shri Pawar, Investigating Officer, A.C.B., Nagpur and investigated the same.

(3.) On receipt of report, the Investigating Officer arranged for two panch witnesses including PW 2 Pradip Dani who verified the complaint orally, from the complainant and tallied contents thereof and got himself satisfied to be recorded according to the grievance of the complainant. Complainant then produced two currency notes of Rs. 50/- each in denomination. Complainant as well as both the panchas were given demonstration of chemical reaction of phenolphthalein power with solution of Sodium Carbonate from which they learnt that solution of sodium carbonate turns purple if it comes into the contact with the phenolphthalein powder. Phenolphthalein powder was thereafter smeared on both sides of the currency notes. Serial numbers of the currency notes were recorded in the pre-trap panchanama and were kept in the shirt pocket of complainant with direction to not to touch the same and only to pay on demand. Complainant was also instructed to give signal by wiping his face with his right hand palm on payment of bribe money. PW 2 Pradeep was instructed to act as first panch and to remain present with the complainant and to hear conversation whatsoever may take place between the complainant and the appellant. Co-panch was instructed to remain with the members of raiding team. Pre-trap panchanama of above facts was drawn in the office of Anti-Corruption Bureau at Nagpur and was concluded at 1.00 p.m. as per Exh. 24. Thereafter, trap came to be laid in the court of Judicial Magistrate (F.C.), Katol where appellant was serving as Junior Clerk at about 3.00 p.m. Complainant as well as PW 2 Pradip contacted appellant when he enquired from complainant about the money and on demand accepted the same.