MADHAV BHALCHANDRA RAJURKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31st May 2004, delivered by the Special Judge, under the Prevention of Corruption Act, 1988, (hereinafter 'P.C.Act') in Special Case No.17 of 1999, convicting the appellant, who was the accused in the said case, of offences punishable under Sections 7 and 13(2) read with 13(1)(d) of the P.C.Act,. The learned Special Judge imposed a sentence of Rigorous Imprisonment for one year and of fine of Rs.500/ on each of the said two counts.

(2.) The prosecution case, as put forth before the trial court, in brief, be stated thus : The appellant, at the material time, was working as a Clerk in the Rationing Office at Thane. Ravindra Patil (PW1) was earlier residing at Ghodmal, Taluka Wada, and was holding a ration card at Ghodmal. His wife Bhagyashri and his son were residing at Thane. They were having a separate ration card for their Thane address, in which, the name of Ravindra Patil was not included. Ravindra Patil wanted to include his name in the ration card held in the name of his wife at the Thane address. He, therefore, applied to the Tahsildar, Wada, to have his name deleted from the ration card held by him at the Ghodmal address. Accordingly, the name of Ravindra Patil was deleted from the said ration card and a certificate to that effect was issued to him. On 21st January 1999, Ravindra Patil along with the said certificate went to the Rationing Office, Thane, where the appellant was working. Ravindra Patil met the appellant, when the appellant demanded an amount of Rs.300/ as bribe for entering the name of the appellant in the ration card held by the appellant's wife Bhagyashri. The appellant asked Ravindra Patil to come to the office again on 25th January 1999, along with the said amount. Ravindra Patil, then, reported the matter to the office of Anti Corruption Bureau, Thane. It was on 25th January 1999. The complaint of Ravindra Patil (Exhibit P26) was got reduced to writing by Chandrakant Thorat, Inspector of Police, (PW4) attached to the Anti Corruption Bureau, at the material time. Two panchas Ashok Tupe (PW2) and Ashok Deshmukh were called. They were explained about the complaint of Ravindra Patil. A trap was laid. An amount of Rs.300/ consisting of three currency notes of Rs.100/ each was taken from Ravindra Patil and Anthracene powder was applied to those currency notes. After drawing the pretrap panchnama, Ravindra Patil, the police party and panchas went to the Rationing Office, Thane. When the appellant demanded, the tainted amount was paid to him by Ravindra Patil. When the appellant accepted the said amount, he was caught red handed.

(3.) In the course of investigation, sanction to prosecute the appellant as contemplated under Section 19 was obtained from the Controller of Rationing i.e. Harshawardhan Gajbhiye (PW3). On completion of investigation, a chargesheet alleging commission of offences punishable under Sections 7 and 13(2) read with 13(1)(d) of the P.C.Act, by the appellant, was filed.