STATE OF MAHARASHTRA Vs. BHIVSAN SAMPATRAO PAGAR

JUDGEMENT

(1.) The State has filed this appeal against the acquittal of respondent accused Bhivsan Sampatrao Pagar, who was tried for the offence punishable under section 5(1)(d) read with section 5 (2) of the Prevention of Corruption Act and section 161 of the I.P.C. The accused was an Overseer in the office of the Sub-divisional Officer, Palkhed Canal Construction, and at the relevant time was working on the Palkhed Canal Construction work at Pimpalgaon. One Sukha Kapse, who was earlier working as a labourer, had taken a small contract in the aforesaid construction work, which work was being supervised by the accused as an Overseer and who was also in charge of passing the bills of the contractors after taking the necessary measurement from time to time. Running bills were submitted from time to time by the contractors for the part of the work done and these bills were to be passed by the accused in his capacity as an Overseer. According to the prosecution this contractor Sukha Kapse submitted bills amounting to Rs. 11,299/- for the period from 1-7-1971 to 13-6-1972. He was paid a major portion of the amount but his final bill was not passed. According to the prosecution, the accused was not passing the final bill as he wanted some gratification for the said amount.

(2.) In this context it is alleged that complainant Sukha Kapse approached the accused on 16-12-1972 for getting his final bill passed and at that time, it is alleged , the accused demanded an amount of Rs. 100/- as advance of commission which according to the prosecution was by way of bribe or gratification for getting the work of passing the bill of canal work done.

(3.) The said Sukha then approached the Anti Corruption Police and stated before the P.S.I. Anti Corruption Department that the accused was demanding a bribe for doing his work. He made a complaint to the P.S.I. Anti-corruption Department and after getting the necessary permission from Magistrate a trap was arranged. It is alleged that this Sukha along with P.W. 2 Suresh Gangurde were sent to the accused on 20-12-1972 to offer the bribe of Rs. 100/- to the accused on demand being made by him. The usual formalities of smearing the ten notes of Rs. 10/- each with Anthracene powder were duly followed and after that the said Sukha along with Suresh Gandurge were sent to the accused. It is then stated that the accused demanded the amount from complainant Sukha and Sukha paid the amount of Rs. 100/- in ten notes of Rs. 10/- each to the accused by way of gratification. On Sukha giving the pre-arranged signal, the Police party which was laying in wait rushed to the house of the accused and the amount of Rs. 100/- was seized from the accused. All the subsequent formalities were also gone through. The accused was thereafter put up for trial.