RAJARAM BANDERAO KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal challenges the judgment and order of conviction in respect of case No. 16 of 1994 dtd. 15/04/1998 arising out of C.R. No. 251 of 1994 registered with Barshi Police Station passed by the Special Judge Solapur for the offences punishable under Ss. 7 and 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter referred as 'PC Act' for short). The appellant by the impugned judgment and order has been sentenced to suffer rigorous imprisonment for 11/z years and to pay the fine in the sum of Rs.1000.00. The appellant was further convicted for the offences punishable under Sec. 7 of the PC Act and sentenced to suffer rigorous imprisonment for 9 months and to pay the fine in the sum of Rs.500.00.

(2.) The appellant at the relevant time was working as a Revenue Circle Officer, Division Pangari, Taluka Barshi, District Solapur. On 24/05/1994, an application was submitted by the complainant - PW-4 for effecting a mutation entry to the appellant. It is the case of the prosecution that the appellant demanded a bribe amount of Rs.500.00 for effecting such mutation entry. Accordingly, a trap was laid. The complainant visited the residence of the appellant on 29/05/1994 and paid the bribe amount which had been smeared with Anthracene powder. The investigation was carried out by PW-5 who at the relevant time was working as a Police Inspector (hereafter referred to as 'P.I."' for short) of the Anti-Corruption Bureau (hereafter referred to as 'ACB' for short).

(3.) Learned counsel for the appellant Ms. Aditi Rajput submitted that the appeal must succeed only on the ground that the investigation was carried out by PW-5, an officer not empowered to carry out such investigation which does not accord with the mandatory condition enumerated in Sec. 17 of the PC Act. In support of her submissions, learned counsel for the appellant relied on the decision of the Supreme Court in State Inspector of Police, Vishakhapatnam Vs. Surya Sankaram Karri, (2006) 7 Supreme Court Cases 172. Reliance is also placed on the decision in Vishnu Kondaji Jadhav Vs. State of Maharashtra, 1995 Supp (4) Supreme Court Cases 408.