STATE OF MAHARASHTRA Vs. ANANT GURUNATH JOTRAO

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the Special Judge, Thane, in Special Case No. 9 of 1985. By the said judgment and order dated 23-7-1990, the Special Judge was pleased to acquit the accused of the offences punishable under section 161 of the Indian penal Code and of the offences punishable under section 5 (2) read with section 5 (l) (d) of the Prevention of Corruption Act, 1947.

(2.) THE brief facts of the prosecution case are that the complainant -Yeshwant Gosavi was a tenant of one Khandu Koli, owner of a residential chawl. There were in all 9 tenants in the said building. The complainant-Yeshwant gosavi was leader of the tenants who were residing on the ground floor. The prosecution case is that the complainant used to collect electric charges from the tenants and used to make payment of electric bills. The tenants received one bill upto the period ending June, 1984, which was in the sum of Rs. 1768. 25. The tenants claimed that the said bill was excessive and accordingly, an application was made to the Assistant Engineer to look into the matter regarding excessive bill which was charged to the tenants. The last date for making payment of the bill was 16-8-1984 and since the tenants did not make payment of the bill before due date, the electric supply was temporarily suspended by the Maharashtra State electric Board. Thereafter, on 31-1-1984 the tenants made payment of the said bill. However, another bill was received in the sum of Rs. 350/- which was on account of interest for delayed payment of the bill.

(3.) THE prosecution case is that thereafter another bill was received for the period ending September, 1984, which was in the sum of Rs. 1868. 96. The complainant, therefore, contacted the accused, who informed him that he would reduce the bill on payment of Rs. 400/- as bribe. The complainant thereupon approached the Anti Corruption Bureau and a complaint was filed against him. Pretrap panchanama was prepared on 9-1-1985 and the amount was paid to the accused and thereafter accused took out two electricity bills and kept them on the table. After pre-arranged signal was given by the complainant, Rs. 400/- were seized from his left side pocket of his bush-shirt. Offence was registered against him. Sanction to prosecution was awarded by the appropriate authority and charge-sheet was filed. The prosecution examined 8 witnesses. The trial Court by its judgment and order dated 23-7-1990 was pleased to acquit the accused for the offences with which he was charged.