STATE OF MAHARASHTRA Vs. RAMRAO MAROTRAO KHAWALE

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order dated 12th Jan., 2006, passed by the Special Judge Amravati, in Special (ACB) Case No.3/1992, thereby acquitting the respondent of the offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988.

(2.) In the year 1991, the respondent was serving as a Talathi and was residing at Warud, Tq. Warud, District Amravati. He was also running his office from his residence. The complainant, Namdeo Mahadeorao Bopchi, a resident of village Rajara Bazar, Tq. Warud, District Amravati was interested in getting the land bearing Survey No.9/2, admeasuring 1-1/2 acres mutated in his name and in the name of his brother, as the same was purchased by the complainant and his brother from their neighbour, Chhatrapati Wankhade. The land was purchased about 4 years prior to lodging of the complaint in the instant case. The complaint was lodged on 2nd May 1991. Around the same time as the purchase of the land, the complainant had approached the respondent along with one Vitthalrao Punjabrao Bahurupi with a request for taking a mutation entry in respect of the said land in revenue record in his own name and in the name of his brother. At that time, the respondent was alleged to have demanded amount of Rs.150.00 from the complainant for the said work. This demand of the respondent was fulfilled by the complainant. Later on, the complainant was told by the respondent that the mutation entry was carried out as desired by the complainant in the revenue record.

(3.) In the early part of April 1991, the complainant was again required to visit office of the respondent. This time, the complainant required a below poverty line certificate to be issued to him by the office of the respondent, as it was a prerequisite for obtaining subsidy for installation of Gobar Gas Plant at the premises of the complainant. On demand, the complainant paid amount of Rs.40.00 as the land revenue to the respondent. The complainant also incidentally enquired from the respondent about carrying out of mutation entry in the revenue record in respect of the land survey No.9/2 when the complainant was told by the respondent that the mutation entry was not taken in the revenue record and that some more documents were required. Again on 28.4.1991, the complainant along with one Arun Ghormade visited the office of the respondent and made him a request for taking mutation entry. The complainant had also brought with him the documents required for the purpose. The respondent, it is alleged, refused to accept those documents, also refused to take mutation entry and insisted upon the complainant paying him an amount of Rs.250.00 as bribe or illegal gratification for performing an official act. The complainant pleaded for mercy. The respondent, however, was reticent about his demand, but showed some leniency about the amount and agreed to accept amount of Rs.150.00 as illegal gratification for the said official work. The complainant was told to bring the said amount on 3.5.1991 at the residence of the respondent.