VASANT PANDURANG GURAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant herein stands convicted for offence punishable under Sec. 5(1)(d) r/w Sec. 5(2) of Prevention of Corruption Act, 1947 and is sentenced to rigorous imprisonment for one year and to pay fine of Rs. 500/ - i.d. to suffer simple imprisonment for three months on each count in Special Case No. 2 of 1987 by Special Judge, Alibag vide Judgment and Order dated 22/03/1995. Hence, this appeal.

(2.) It is the case of prosecution that one Vishvanath Vithoba Chunekar resident of Borli Mandala Taluka Murud approached office of Anti Corruption Bureau on 29/09/1986 and filed a report alleging therein that in the year 1982 he had purchased one fishing trailer with engine. He had obtained a loan of Rs. 1.75 lacs from the banks and society. Registration number of the trailer was THN 257. He used to do fishing between Versova and Ratnagiri by this trailer. The woods received on the said trailer were tied in the creek of Borli Mandala. He had satisfied the bank loan. He has alleged that in the rainy season 3 Kachora woods which were tied by him near his house had floated in the flood and therefore he gave an application to the Port Officer of Borli Mandala Shri. Kasar for returning the same to him in the eventuality that they were found. The Port Officer had traced the floating woods, he had drawn panchanama. The woods were cut into 2/2 pieces by Katkari and thereafter the Port Officer had directed the complainant to take possession of woods in second week of August. Accordingly, he had brought the woods near his house to Borli Mandala by hiring bullock carts. While he was passing through Borli village he had met Forester Gurao i.e. present appellant. Shri. Gurao had halted the bullock cart and had asked for a pass which was required for transporting the goods. Complainant had allegedly informed him that those were old Kachora Woods which had floated in the flood and pursuant to the information by the Port Officer he was taking the woods to his house. He had informed the Forester that they were not stolen woods. According to the complainant at that juncture, he had demanded some gratification or else he would attach the woods and file a case against him. Complainant had allegedly agreed to pay the gratification and had allowed the bullock cart to go. He met Gurao in his house. Gurao demanded Rs. 200/ -. Complainant had paid Rs. 200/ -. Then, immediately Gurao had demanded additional amount of Rs. 300/ -. Complainant had informed the Forestor that he is going to Bombay and would pay the remaining amount of Rs. 300/ - after he returned.

(3.) It is further alleged that on 25/09/1986 at about 10.30 p.m., complainant had returned home and at that time he was informed by his wife that Forester Gurao had been to their house along with Ram Bhoir. He has drawn the panchanama by attaching 4 Kachora woods out of 7 Kachora woods and had obtained her signature. That the Forester wanted to take away the wood but at the request of wife of the complainant he had not seized the woods. On the next day at about 9.00 a.m., complainant had allegedly met Mr. Gurao in his house and questioned about the drawing of the panchanama despite having paid Rs. 200/ -. He was informed that since he had not paid the money, he had drawn the panchanama. At that time, Forester had demanded Rs. 1,000/ - for not filing the case against him. At that time, complainant had offered him Rs. 200/ - which he refused to take. He insisted upon the demand of Rs. 1,000/ -. Complainant had allegedly negotiated with the Forester. He had again demanded Rs. 300/ - which complainant had paid under protest. There was a demand of Rs. 300/ -. Complainant had therefore approached A.C.B. Upon receipt of his report, Dy. S.P. of A.C.B. had decided to lay a trap as he had found substance in the complaint. The trap was arranged. The Dy. S.P. had given demonstration of the application of anthracene powder to the complainant and the panchas. A pre -trap panchanama was recorded. On 30/09/1986 itself at about 18.55 hours Chunekar and Panch Golipkar went to the house of Forester Gurao. Gurao had offered the seat to both of them. Wife of the complainant had also accompanied him. Chunekar requested Gurao to settle the matter in respect of the woods. Gurao had allegedly asked Chunekar as to how much amount he had brought. Chunekar had allegedly answered that he has brought Rs. 300/ - and had offered the folded notes to Gurao. Gurao had not accepted the folded notes but had directed Chunekar to place the money on the table. Immediately Chunekar had given a signal. After he was assured by Gurao that the case papers would be torn on the next day and that no action would be taken against him. Soon thereafter, raiding party had entered the house and had found the folded, tainted currency notes on the table of Mr. Gurao. Gurao had immediately reacted by informing the officer that he has not accepted the money and had neither touched it. That Chunekar had kept the money on the table forcibly and that the had not touched it. The Dy. S.P. was of the opinion that the trap is successful and therefore lodged F.I.R. at Borli Mandala police station on 01/10/1986 against accused for offence punishable under Sec. 161 of Indian Penal Code and Sec. 5(1)(d) of Prevention of Corruption Act, 1947. Case was registered as Special Case No. 2 of 1987. Prosecution examined 7 witnesses to bring home the guilt of the accused.