STATE OF MAHARASHTRA Vs. SANJAY MANGARUJI WAKALKAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 11/5/2007 passed by the Special Judge, Gondia in Special Case No.4/2005, by which the respondent was acquitted of the offence under Ss. 7, 13[1][d] read with 13 [2] of the Prevention of Corruption Act, 1988.

(2.) The brief facts of the case is that Chhotelal Bhagat approached the office of Anti Corruption Bureau and lodged a report against the present respondent, alleging demand of bribe for approving list of 99 persons working under Employment Guarantee Scheme (EGS). It is alleged in the said complaint that the respondent who was working as a Talathi, demanded some amount for putting his seal and signature on the list prepared by the complainant for working EGS in Form No.4, which was to be submitted to the Tahsildar. The respondent demanded an amount of Rs.500.00, however, the said amount was settled at Rs.400.00. However, the labourers who were working under the EGS were not ready to pay the said amount to the respondent and asked to lodge a complaint with the anti corruption department.

(3.) On receiving the report from Chhotelal, Sevakam Kore, Police Inspector called two employees from Education Department to act as Panchas for the trap. Accordingly Sudhakar Aglave and Ashok Paunikar came to the office of the Anti Corruption Bureau, Bhandara on 3/2/2005, and after obtaining their consent, they were explained about the trap which was to be carried out. Thereafter they were sent to the office of the Talathi on 3/2/2005 and there, the talathi accepted the amount from the complainant Chotelal as bribe amount, upon which and he was arrested immediately. After completing the necessary procedure, First Information Report against the respondent was registered for the aforesaid offences, and after completing investigation, charge-sheet came to be filed before the competent Court.