PRALHAD KISAN KAWALE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal appeal is filed against the judgment dated 11/3/2005 passed by the Special Judge, Pusad in Special Case No. 13/1998, whereby appellant is convicted for the offence punishable under Section 7 of Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs. 500/- and in default of payment of fine, to suffer further rigorous imprisonment for one month and for the offence under Section 13(1)(d) punishable under Section 13(2) of the said Act and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 1000/- and in default of payment of fine, to suffer further rigorous imprisonment for three months. In brief, it is the case of prosecution that appellant/accused at the time of incident was working as Medical Superintendent in R.P. Uttarwar Government Cottage Hospital, Umarkhed. Complainant Babangir Giri took his wife P.W. 5 Rukhminibai for medical treatment in the said Hospital on 22/2/1996 where accused examined her and called complainant at his residential quarter situated within the Hospital premises where it is alleged that accused demanded bribe of Rs. 150/- from complainant to provide better treatment to his wife or she would be discharged within two-three days from the Hospital. Complainant paid Rs. 30/- as he was having that much amount with him and remaining amount of Rs. 120/- was further negotiated to Rs. 100/- and was agreed to be paid and accepted on the following day.

(2.) As complainant was not intending to make payment of the said amount of Rs. 100/-, on admitting his wife in the Hospital, he visited the office of Anti Corruption Bureau, Yavatmal and lodged his complaint (Exh. 85), which was recorded by P.W. 10 Sanjay Deshpande, Dy. Superintendent of Police, Yavatmal and he arranged for the trap. The Investigating Officer arranged for two panch witnesses from the office of M.S.R.T.C., Yavatmal including P.W. 1 Mohanlal. They were introduced to complainant, who narrated them his complaint and they verified the contents of complaint (Exh. 85) as orally stated by complainant. Demonstration of effect of phenolphthalein powder with sodium carbonate solution was given to complainant as well as to both panchas wherefrom they learnt that when said powder comes into contact with solution of sodium carbonate, it turns purple. Complainant then produced amount of Rs. 100/- consisting of one currency note of Rs. 50/- in denomination and five currency notes of Rs. 10/- each in denomination. Phenolphthalein powder was applied to said currency notes and they were kept in the shirt of complainant with instructions to him not to touch the same and to pay to accused only on demand. Instructions were given to P.W. 1 Mohanlal to remain with complainant and to observe conversation whatsoever may take place between accused and complainant. Complainant was also instructed to give signal by rubbing his head with his left hand on making payment of bribe. Pre-trap panchanama of above facts was drawn vide Exh. 41.

(3.) Trap accordingly came to be laid in the Government Hospital. Complainant and P.W. 1 Mohanlal entered the office of accused when accused called complainant to his residence and started proceeding towards his house. Complainant and P.W. 1 Mohanlal followed him in the verandah of his house where accused enquired from complainant if he had brought the amount, to which he replied in affirmative. Accused then demanded the amount, which was accordingly tendered by complainant by taking out of his shirt pocket. Accused accepted the amount and kept it in the right side pocket of his pant. Immediately thereafter complainant gave the proposed signal upon which members of the raiding team arrived on the spot and apprehended accused.