STATE OF MAHARASHTRA Vs. PRADEEP MULE

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 9-6-2004 delivered in Special Case No. 15/1989 by Special Judge, Nagpur thereby acquitting respondent of the offences punishable under Section 161 of the Indian Penal Code and Section 5(2) read with Section 5(i)(d) of the Prevention of Corruption Act, 1988.

(2.) This is a trap case which dates back to early part of the year of 1988. In February, 1988, the respondent was working as Junior Engineer with Maharashtra State Electricity Board and his office was situated at Nandagomukh. He was the Junior Engineer having authority to sanction electric supply to farmers from Saoner Region. The complainant Mangal Balaji Dhurve was one such farmer who was interested in having an electric supply provided at his field in order to energize the electric pumpset which he had fitted at a dug well in the field. He had approached the respondent several times for sanctioning the electric supply, but, according to him, the respondent demanded bribe of Rs. 500/- from him for sanctioning the electric supply.

(3.) Having been left with no option, the complainant Mangal Dhurve decided to file a complaint against respondent with Anti Corruption Bureau Office, Nagpur. On 4-2-1988, he lodged a report against the respondent at Anti Corruption Bureau Office, Nagpur. Personnel of Anti Corruption Bureau decided to entrap the respondent while accepting the bribe amount. Necessary preparations were accordingly made and trap was also set for that day, however, it was unsuccessful as the respondent was busy attending one official meeting. But, the respondent had made it sure to pass on the message to the complainant of his being called by him with money on 9-2-1988.