STATE OF MAHARASHTRA Vs. RAMESH BHAGWANRAO GADHE

JUDGEMENT

(1.) The State has hereby assailed the impugned judgment and order dtd. 27/4/2017 passed by learned District and Sessions Judge-7, Aurangabad in Special Case (ACB) No.23 of 2013, by which present respondent was charge-sheeted and tried for offence punishable under Ss. 7, 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act, 1988 [PC Act].

(2.) The sum and substance of the prosecution's case before the trial court is that PW2-complainant, who was contractor, had filled a tender floated by the Maharashtra Jeevan Pradhikaran for construction of a water tank. The complainant succeeded in bagging the very tender and undertook the construction work under the supervision of Technospert Ramvikas Pratishtan, who was appointed as the technical consultant, and when the construction work of the tank was completed up to 36%, he demanded the bill amount. The committee directed him to bring a letter from the Deputy Engineer, i.e. present respondent (original accused). In that connection, he approached the present respondent at his office on 21/5/2012.

(3.) The case of prosecution is that, for signing the measurement book, respondent/accused demanded bribe of Rs.20,000.00. As complainant was not willing to pay illegal gratification, he approached ACB authorities, who planned trap by arranging panchas and giving them necessary instructions. A pre-trap verification was conducted and even a voice recording of the demand was made. The complainant and the shadow pancha were made to approach the respondent/accused in his office, where they were instructed to pay the bribe on demand. On visiting, accused demanded the bribe, tainted currency was handed over and the predetermined signal was relayed. Accordingly, the raiding party apprehended the accused and as such, trap was successful. After completing the formality of investigation, accused was chargesheeted and tried by the Special Court vide Special Case (ACB) No.23 of 2013.