DAGADU Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order on Special Case No. 54/1991 which was pending in the Court of Additional Sessions Judge, Beed (Special Judge appointed under the provisions of the Prevention of Corruption Act, 1988) (hereinafter referred to as "the Act"). The appellant is convicted for offences punishable under sections 7, 13(1)(d) read with section 13(2) of the Act. Sentence of rigorous imprisonment of one year is given and fine of Rs. 1000/- is imposed on the appellant. Both the sides are heard. Original complainant, Shri Pandurang is an agriculturist and he is required to do labour work also to earn livelihood. He had applied to the Land Development Rank of the State of Maharashtra for giving loan as he wanted to purchase a cow, Loan of Rs. 13,000/- was sanctioned by the bank. As per the procedure, it was necessary to take entry of the mortgage of the two lands made by the original complainant by way of security for the loan on the revenue record. Only alter taking entry of encumbrance the bank would have made disbursement of the loan amount. The bank handed over a letter addressed to the concerned Talathi, present accused for taking entry of the mortgage on the revenue record.

(2.) The original complainant is a rustic illiterate villager. According to him he had approached the appellant about 8 to 10 days prior to the incident in question and he had handed over the letter of the bank to the accused. As per the case of prosecution, the accused had refused to make entry unless illegal gratification of Rs. 200/- was given to him. On that day, the original complainant had no money with him and he also expressed his inability to pay Rs. 200/- due to his poor financial condition. Then the appellant, accused said that he would do the work if an amount of Rs. 100/- was given to him. Nothing was to he charged for making entry as per the procedure and no charges were payable by the original complainant either to the Talathi or to the Government for taking entry. The Talathi gave promise to make entry and give copies of 7/12 extract having entry on it after giving of the amount of Rs. 100/-.

(3.) The original complainant approached ACB (Anti Corruption Bureau) on 4-12-1990 at 10.00 a.m. and he gave report against the accused. Shri Kohok was working as Police Inspector in ACB office. Alter receiving the report, he collected staff and he gave instructions to the panch witness for laying trap. As per routine procedure the complainant was introduced to panch witnesses, the purpose of trap was told to them, demonstration of use of anthracene powder was given to them the amount of bribe money (two currency notes of Rs. 50/- denomination each) was collected from the original complainant and anthracene powder was applied to the notes in the presence of the complainant and the panch witnesses the amount was kept in the pocket of shirt of the complainant. The numbers of the notes were also noted. Shri Taher, Panch No. 1 was asked to remain in the company of the original complainant at the time of trap and instructions were given by the investigating officer not to hand over the amount unless there was demand from the accused. Instructions were given to the complainant to give signal after acceptance of bribe money by the accused. Instructions were given to other panch witness and staff about action to be taken after receiving the signal from the complainant, etc.