DEELIP S/O. KISHANRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises out of judgment and order dtd. 6/5/2005 passed by the learned Special Judge Parbhani in Special Case No. 6/2004. The learned trail court by way of impugned judgment and order held the present appellant guilty of the offences punishable under Ss. 7, 13 (1) (d) read with Sec. 13(2) of the Prevention of Corruption Act. The accused is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1500.00 in default to suffer RI for two months for the offences punishable under Sec. 7 and for the offences punishable under Ss. 13(i)(d) read with Sec. 13(2) he is directed to suffer rigorous imprisonment for one year and to pay fine of Rs.1000.00 in default to suffer rigorous imprisonment for one month.

(2.) The prosecution story in short is that De-facto complainant was having a dispute with one Phulchand Rathod a neighboring land owner on account of cultivation of the land and revenue entries. Such disputes were going on before Tahasildar. There was also a case under Sec. 145 of the Cr. P. C. going on in respect of land of the complainant before the executive Magistrate, Jintur. For geetting the work done at the earliest original complainant PW-2 Syed Akhtar Syed Nabi from village Mohadi, Tq. Jintur approached the Anti Corruption Bureau, Parbhani. It is informed that the present accused who was working as Incharge of ROR Sec. in Tahasil Office, Tq. Jintur demanded an amount of Rs.500.00 towards bribe from the complainant. The alleged bribe was demanded for issuing of notice to the respondents in the matter pending before the Tahasildar in respect of revenue entries. First demand was allegedly made on 6/2/2004 for issuing notice of spot inspection by Tahasildar. He approached the ACB, Parbhani on 7/2/2004 and filed a complaint. ACB authority called panchas and fixed a trap by following usual procedure. Trap was decided to be laid on the same day. Panchas were called. They were informed about the procedure of the trap.

(3.) After informing the panchas about the procedure to be followed for the trap the raiding party including the complainant, panchas and police proceeded to Jintur by police jeep. As decided the complainant and one panch Syed Iqbal went to the Tahasil office and approached the accused and at that time raiding party stayed at some distance. About actual incident it is stated that PW-2 complainant waitted in the office of the accused and offered Namaskar. On that accused asked as to whether amount is brought. The complainant told that he has brought an amount. They both alongwith panch after some formal talks about issuance of notice started towards a photo copy centre for taking a photo copy of the notice. At that place the accused accepted the amount from the complainant and the trap was successful. Other formalities of drawing panchanama and etc were completed in the office of the Tahasildar. After completion of the investigation and after obtaining the sanction charge-sheet came to be filed and case was tried.