DILIP JANARDHAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment dated 3/11/2011 passed by learned Additional Sessions Judge, Buldana in Special Anti Corruption Case No.5/2008 whereby appellant/accused came to be convicted for the offence punishable under Sec. 7 of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for seven months and to pay fine of Rs.5000.00 and in default, to suffer rigorous imprisonment for three months and for the offence punishable under Sec. 13(2) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for one year and three months and to pay fine of Rs.10,000.00 and in default, to suffer rigorous imprisonment for four months. Both the sentences are directed to run concurrently.

(2.) In brief, case of prosecution can be stated as follows :

(3.) It is the case of prosecution that after arrival of both panchas, they were introduced to complainant, who narrated his complaint as per Exh. 12 to them, upon which they put their signatures after verifying its contents. Thereafter, both the panchas and complainant were given demonstration of effect of anthracene powder when seen under the rays of ultraviolet lamp from which, they learnt that powder gives violet colour shine when seen under such rays. Complainant had produced amount of Rs.1000.00 consisting of one note of Rs.500.00 in denomination and five notes of Rs.100.00 in denomination. Serial numbers of these currency notes were reduced into writing in panchanama and on applying anthracene powder, they were put in the left side shirt pocket of complainant. Complainant was then instructed not to make payment of said amount to accused unless demanded. After giving necessary instructions to both panchas and also to complainant to give proposed signal on making payment, panchanama of these facts was drawn as per Exh.20. Complainant, both panchas and members of the raiding party thereafter visited the spot situated at village Masrul when complainant and P.W.2 Niranjan Gajbhiye, panch went to the office of accused while members of the raiding party followed them maintaining safe distance. After going in the Office of accused, complainant along with panch came back, to whom accused followed within sometime and went towards urinal. Complainant and panch went towards accused and enquired about work of complainant when accused demanded amount, which was paid by complainant and was accepted by accused and kept in his right side pant pocket. Complainant thereafter gave proposed signal by pulling down handkerchief kept on his shoulder with the help of his left hand and thus, members of the raiding team arrived and apprehended accused. Amount of Rs.1000.00 was recovered from his possession, which when seen under the rays of ultra violet lamp was found having shining upon it. post-trap panchanama came to be drawn as per Exh. 22. At the same time, P.W.4 Himmat Jadhav, Investigating Officer obtained written explanation of accused regarding bribe amount found in his possession, which is on record as per Exh. 37. Investigating Officer thereafter lodged his report, upon which offences came to be registered vide Crime No.3032/2007, which was further investigated by him, during the course of which, he obtained sanction order (Exh. 28) from P.W.3 Sudhir Khande, Sub-Divisional Officer and after recording statements and on completion of investigation, filed charge-sheet before the Special Court.