SAHADEO SADASHIV NAIK Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 30th of January, 2006 passed in Special Criminal Case No.04 of 2002 by the Special Judge, Akola, convicting the appellant for the offence punishable under Section 7 of Prevention of Corruption Act, 1988 and sentencing to suffer rigorous imprisonment for six months and to pay fine of Rs. 500/-, in default to suffer S.I. for three months and also convicting the appellant for the offence under Section 3(1)(D) punishable under Section 13(2) of the said Act and sentencing to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default to suffer R.I. for six months.

(2.) In brief, case of prosecution can be stated as under.

(3.) In the year 2001, appellant/accused was posted as Police Constable, City Kotwali Police Station, Akola. Crime No.214 of 2001 was registered with said Police Station against one Kailash Shirsat for the offences punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code. It was investigated by the appellant wherein during the course of investigation it revealed that forged appointment orders were prepared by Kailash Shirsat, accused therein, with the assistance of Bakulesh Awandekar, who is complainant in the present appeal, at his computer Center. In that background, PW 1 Bakulesh was called by the appellant in the Police Station on 28th of October, 2001 for the purpose of investigation and was thereafter repeatedly called till 1st of November, 2001 during which period, through P.H.C.Mangesh Wath, appellant demanded amount of Rs. 50,000/- to hush up the matter against complainant Bakulesh. However, complainant expressed his inability to make the payment. On 14th of November, 2001 two constables again contacted complainant and by bringing him in the Police Station, he was threatened to array him as accused in that crime if he does not satisfy above demand. As complainant was unable to make said payment, the amount was ultimately negotiated to Rs. 10,000/- of which first instalment of Rs. 5000/- was agreed to be paid and accepted on the following day i.e. on 15th of November, 2001. However, since complainant could not arrange said amount on that day he agreed to make said payment on 17th of November, 2001 and on the same day attended the office of Anti Corruption Bureau and lodged his report (Exh.10) which was recorded by PW 4 Y.D.Patil, Dy.S.P.,A.C.B., Akola and investigated the same. It is further case of prosecution that the Investigating Officer then arranged for two panch witnesses. Complainant as well as both the panchas were given demonstration of effect of chemical reaction of Phenolphthalein powder and Sodium Carbonate solution from which they learnt that when the powder comes into contact of solution of Sodium Carbonate, solution turns purple. The Phenolphthalein powder was then applied on the currency notes of Rs. 5000/- produced by complainant, consisting of nine notes in the denomination of Rs. 500/- each and five notes in the denomination of Rs. 100/- each and said notes were kept in the right side pant pocket of complainant with instructions to not to pay unless demanded and also was instructed to give signal by pulling right hand sleeve of his shirt. PW 2 Pralhad, who acted as first panch witness was instructed to remain with complainant and to observe the conversation whatsoever may take place between the complainant and appellant, while co-panch was instructed to remain with the raiding team. Pretrap panchanama of all these facts was drawn and trap came to be laid at City Kotwali Police Station Akola.