KAMALAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Conviction awarded for offence punishable under Sec. 7 and 13 of Prevention of Corruption Act, 1988 by the learned Special Judge, Aurangabad in Special Case No. 4 of 1998, dtd. 25/6/2003 is hereby assailed by the accused.

(2.) In brief, prosecution was launched against present appellant on accusation that, while he was working as Talathi and thus being a public servant, he demanded illegal gratification to the tune of Rs.5,000.00 from complainant PW1 Baliram, who had approached him with a request to take mutation entry of Vatsalabai in 7/12 extract. Complainant PW1 Baliram approached Anti Corruption Bureau (ACB) authorities, lodged complaint at Exh.19. Said Authorities planned raid and trap by arranging panchas on 1/1/1997. While complainant was accompanied by panch witnesses, accused demanded and accepted amount and was thereby apprehended. After investigation, he was charge-sheeted for above offence and on trial being conducted, held appellant guilty by learned Special Judge, Aurangabad. Hence, instant appeal.

(3.) The sum and substance of arguments advanced by learned counsel for appellant is that, there is no dispute that appellant was working as Talathi. According to him, on that day, amount was accepted not as a bribe, but amount towards small savings scheme, which is a scheme enforced by Government and work of which was entrusted to appellant. Further according to him, evidence of complainant and shadow panch is not convincing. That, in fact prosecution had failed to establish demand and acceptance of illegal gratification beyond reasonable doubt. He took this court through the testimony of PW1 Baliram and would point out that in substantial evidence itself, complainant was confused whether the amount demanded was for himself or not. He invited attention of the court to para 3 of examination-in-chief of complainant.