VIKAS Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Special Case No. 6/1995 which was pending in the Court of Special Judge, (Additional Sessions Judge) Jalgaon. The appellant is convicted and sentenced for the offences punishable under sections 7 and 13 (1) (d) r/w. 13 (2) of Prevention of Corruption Act, 1988 (hereinafter referred to as 'PC Act' for short). The maximum sentence of imprisonment of three years is given for the offence punishable under section 13 (2) of the PC Act and fine is also imposed. The substantive sentences are made to run concurrently. The application is filed by the appellant for permission to produce some record like copy of his appointment order. Both the sides are heard.

(2.) The original complainant Pandharinath Choudhary was a retired clerk of Municipality Jalgaon. Land admeasuring 2.85 Hectors from Gat No. 118 situated at village Paldhi was standing in the name of his wife, Durgabai Mahajan. They were in need of money and so, they wanted to sell the land. In the revenue record of this land, some encumbrances in respect of Government charges were shown and those entries were coming in the way of transfer of the land. Complainant Pandharinath approached Tahsildar for deleting the entry in respect of Tagai and by order dated 17.2.1995 Talathi was directed to delete that entry. There was one more encumbrance in respect of Bunding work. The complainant paid the charges in respect of Bunding work in the treasury and so, the direction was given to delete that entry also.

(3.) As per the procedure, Talathi of the concerned village viz. Paldhi is expected to delete the entries and issue 7/12 extract showing that there is no encumbrance on the land. The complainant produced copies of aforesaid two orders along with application before Talathi and requested him to delete the entries and issue the 7/12 extract. He approached Talathi on 1.3.1995. Talathi, the accused/appellant asked him to come after one month. The complainant approached Talathi on 18.3.1995 and on that day, Talathi again asked the complainant to come after 15 days and he refused to give 7/12 extract. In view of this conduct and approach of Talathi, the complainant went to residential place of Talathi on 23.3.1995 at about 7.15 a.m. The house is named as 'Madhav Sadan' and situated at Tagor Nagar, Jalgaon. When the complainant requested Talathi to issue 7/12 extract as he wanted to sell the property, Talathi/accused asked the complainant to give illegal gratification of Rs. 800/- for doing this work. The complainant then approached Anti-Corruption Bureau (hereinafter referred to as 'ACB' for short) on 23.3.1995. Talathi had asked the complainant to come to his office on 24.3.1995 with the money.