SHAMKANT VASUDEO KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/accused (deceased) prays for quashing and setting aside the judgment and order of conviction and sentence dtd. 28/03/2005, passed by the learned Special Judge, Jalgaon, Dist. Jalgaon in Special Case No.06/2003, convicting him for the offence punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (for shot 'the said Act').

(2.) The prosecution case in brief is as under :-

(3.) Police Inspector Mukunda Mahajan recorded complaint of complainant and decided to arrange a trap against the appellant/accused. He called two panchas from the office of Civil Hospital, Jalgaon and asked them to remain present on the next day at 7 a.m. On the next day, complainant and panchas visited the office of ACB, Jalgaon at 7 a.m. Complainant narrated his complaint before the panchas and they also went through it. Complainant produced bribe amount of Rs.1000.00. Police Head Constable Chavan applied anthracene powder thereon and showed a demonstration under the ultraviolet light. The serial numbers of the currency notes were recorded and complainant and panchas were given necessary instructions. A pre-trap panchnama was prepared in the office of ACB. Thereafter, all the members of the raiding party proceeded in a jeep towards to R.T.O. Office, Jalgaon. The complainant and panch no.1 went inside the office and inquired about the accused, but he was not present there. Complainant contacted appellant/accused on phone and he called him at his office. Thereafter, they all went to the S.T. office and complainant again contacted accused on phone. After some time, accused came and met complainant. Then they went to a nearby tea- stall for a cup of tea, where accused demanded bribe amount and complainant gave that amount to the accused, which was accepted by him. Complainant given signal to the members of the raiding party and they raided the accused and caught hold his hands. Appellant/accused was taken to a nearby Traffic Police office where necessary procedure was followed and after-trap panchnama was prepared there.