SHRIRAM TIMAJI CHACHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Vexed by his conviction for offence punishable under sections 7 and 13 (l) (d) read with 13 (2) of the Prevention of Corruption act, 1988 and sentence to RI for 6 months and fine of Rs. 500/- in default RI for one month, and RI for 2 years with fine of Rs. 1,000/- in default further RI for two months on the two counts inflicted upon him by the Special Judge, Gondia in special Case No. 3/93 before him, the convict has preferred this appeal.

(2.) The facts which gave rise to prosecution of the appellants are as under : the accused was serving as a Assistant Clerk in Panchayat Samiti (Education Department) Tirora, District Bhandara. He was in-charge of processing various bills of teachers. Complainant Pandurang Kapse, Head Master was transferred from Primary School, Khamari to Pre-Middle School at Chandori in November, 1991. He had submitted papers for processing his transfer T. A. Bill. He visited the office of the accused 4 to 5 times and the accused gave various excuses. In July, 1992, accused told the complainant that the bill was sent to Accounts Clerk Mr. Wakalkar in the Accounts section of Panchayat Samiti, tirora. Mr. Wakalkar informed the complainant that the bill was indeed received and would take about one month for sanction. On 19-8-1992 when the complainant again inquired Mr. Wakalkar, he was told that the bill had sent back to the accused as there were several mistakes in the bill. The complainant met the accused, who told the complainant that the bill was liable to be cancelled. The complainant requested that the bill should not be cancelled, where upon the accused asked the complainant to wait. Accused met Shri Wakalkar and told the complainant that the complainant would have to spend a sum of Rs. 500/- to get the T. A. bill of Rs. 2,465/- sanctioned. Ultimately, the accused agreed to accept rs. 400/- for which the complainant sought 5 to 6 days time. The accused asked the complainant to bring the sum of Rs. 400/- in the office at 4 to 5 p. m. on 25-8-1992.

(3.) Complainant Pandurang Kapse approached the And Corruption Bureau, bhandara and his complaint was reduced into writing. The Anti Corruption bureau laid the trap after performing the necessary pre-trap panchanama and smeared the currency notes of Rs. 400/- each with phenolphthalein powder. The raiding party, the panchas and the complainant proceeded to Tirora. Complainant and Choudhari went to the Office of Education Department and the complainant made inquiry with the accused about the bill. At the request of accused, the complainant, Choudhari and accused walked down to a hotel which is near to panchayat samiti. On accused asking the complainant whether he had brought the money, the complainant took out marked currency notes from the pocket of his shirt and delivered them to the accused, which the accused kept in the pocket of his pant and started proceeding towards his Office. After receiving the predetermined signal, the raiding party rushed Jo the spot and caught the accused. The marked currency notes worth Rs. 400/- were recovered from the pocket of the accused. It was ascertained that the notes were the ones which had been smeared with phenolphthalein by sprinkling sodium carbonate solution on each of marked currency notes. After performing the panchnama of the trap, a formal f. I. R. was registered. On completion of investigation, sanction to prosecute appellant was sought from the Chief Executiive Officer of Z. P. under whom the appellant worked. On receipt of sanction, charge-sheet was sent up.