MOHANSINGH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act" for brevity) and has been sentenced to suffer rigorous imprisonment for two years for the offence punishable under Section 7 and five years for the offence punishable under Section 13(1)(d) of the Act. The appellant was working as Police Head Constable attached to Badnera Police Station. Complainant Vinod Ambadas Lakde, Milk Vendor, resident of village Nimbha, Tahsil: Bhatkuli, District: Amravati had one motorcycle of Rajdoot make. There was a puncture in the tube and therefore, his two sons viz. Laxman and Ram took the said motorcycle for puncture repairing. While the motorcycle was being taken to puncture repairer, it had hit the motorcycle of one Nilesh Ghan. Nilesh Ghan was driving his own motorcycle and his wife was pillion rider. His wife had a suitcase in her hand when the incident had occurred. She had fallen down from the motorcycle and Nilesh Ghan had sustained some injuries in the incident. The son of the complainant returned home and narrated the incident to the complainant. Thereafter Nilesh and few others had visited the house of the complainant and had demanded compensation. After fifteen days of the incident, a meeting of Dispute Resolution Committee (Tantamukti Samiti) of the village (hereinafter referred to as "DRC") was convened. In the said meeting it was decided that the complainant should pay Rs. 10,000/- to Nilesh Ghan. The complainant refused to pay the same.

(2.) It is on 27th December, 2010 that police had come to the house of the complainant and took his son Laxman into custody. Laxman was taken to police station and was made to sit at Police Station till midnight. The complainant accompanied by his nephew Chetan Lakade had visited Police Station at about 9.00 p.m. The appellant had told the complainant that Nilesh had suffered total loss of Rs. 40,000/- to Rs. 50,000/- due to the said incident and that the complainant should pay the said amount. The complainant showed his inability to pay the amount. Therefore, he was also detained at the Police Station. The complainant and his son were relieved at about midnight between 27th and 28th December, 2010. The complainant was threatened that if he did not pay the amount, he and complainant's son both would be prosecuted as owner and driver of the motorcycle respectively.

(3.) On 28th December, 2010 the complainant, his brother Prakash and one Rajesh Wade were called by the appellant at his official residence being Quarter No. 338 at Amravati Police Lines. The appellant had told the complainant that the offence had not yet been registered and that the complainant would have to pay Rs. 5,000/- to the appellant and Rs. 5,000/- to Nilesh Ghan in order to avoid registration of the offence against the complainant and his son Laxman. Since the complainant did not want to pay the amount, he reported the matter to Anti Corruption Bureau. The Anti Corruption Bureau had verified the demand made by the appellant and found the same to be correct.