SURESH PANDURANG SONKUSARE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 28th Nov., 2008 passed by learned Special Judge, Chandrapur in Special Case No.14 of 2004, convicting the appellant/accused for the offence punishable under Sec. 7 of Prevention of Corruption Act, 1988 and sentencing to suffer rigorous imprisonment for six months and to pay fine of Rs.100/, in default to suffer Simple Imprisonment for fifteen days and under Sec. 13(1)(d) punishable under Sec. 13(2) of the said Act, sentencing to suffer rigorous imprisonment for one year and to pay fine of Rs.200/, in default to suffer Simple Imprisonment for one month.

(2.) In brief, the case of prosecution is that at the time of incident appellant was working as a Talathi at Govindpur, Tq. Nagbhid, Distt. Chandrapur. Complainant Nandkishor Borkar is resident of Yeroli who had purchased agricultural land from one Chhayabai Bodhe vide saledeed, Exh.10 of which he wanted mutation entry to be made in respect of said transaction in his name in 7/12 extracts, and for that purpose applied on 21st Sept., 2003. When the application was made, one Motghare was Talathi who, pending said application, was transferred and appellant took over the charge, who was thus handed over with the application and the necessary documents for the purpose of making necessary entry.

(3.) It is the case of prosecution that in spite of complainant contacting appellant for his work on various times, it is alleged that appellant refused to take necessary entries in the mutation register without payment of money. It is the case of prosecution that on 12th Nov., 2003 when complainant contacted appellant he made a demand of Rs.1000/which was negotiated to Rs.500/. As complainant was not willing to make payment of bribe amount, on 13th Nov., 2003 he visited office of Anti Corruption Bureau and lodged his complaint, Exh.13. Complainant produced currency notes of Rs.500/, consisting of five notes in the denomination of Rs.100/each. Phenolphthalein powder was then applied on the currency notes and said notes were kept in the shirt pocket of the complainant in the presence of panchas and necessary instructions were given to complainant as well as panchas. Pretrap panchanama of all these facts was drawn vide Exh.19. Thereafter, all the members of raiding party along with panchas left the office of Anti Corruption Bureau for Govindpur.