STATE OF MAHARASTRA Vs. NAYANKUMAR SHIVAPPA WAGHMARE

JUDGEMENT

(1.) Challenge in this appeal is to judgment of acquittal rendered by learned Special Judge, Osmanabad in Special Case No. 03/1993 whereby the respondent Nayankumar Shivappa Waghmare came to be acquitted for offence punishable u/s. 7 read with 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988.

(2.) The respondent was at tached to Finance Section ofzilla Parishad, Osmanabad. He was dealing with Government Provident Fund and pension cases of retired staff members. Mirabai Narayanrao Deshpande (PW-10) was employed as Chief Sevika in Ekat mik Bal Vikas Yojna (Integrat ed Child Development Scheme), in Panchayat Samiti Office, Bhoom. She opted for voluntary retirement in 1992 due to her physical ailments. She had not received arrears of the Provident Fund amount and pensionary benefits. On16.11. 1992, she had filed an applicat ion with Panchayat Samiti, Bhoom to grant her the pensionary benefits. Since she was unable to move here and there, due to ailments, she gave an authority letter to her brother-Anant Deshmukh (PW-9) to pursue the work of realizat ion of the pensionary benefits. She is a widow and has no issue. She was residing with her brother at Bhoom since some months before her retirement. Anant Deshmukh (PW-9) resides at Pune. He was prviously number of Armed Force's. After his retirement, He is employed in privat e sector at Pune He assured Mirabai that he would look after her work of pensionary benefits.

(3.) The prosecution further alleges that Anant Deshmukh (PW-9) met P. I. Gadade in the office of Anti Corruption Bureau and narrat ed the whole incident to him. His complaint was reduced into writing. THEreafter PI Gadade called Panch witnesses Uttam Bhuteka (PW-1) and Sahebrao Wanve (PW - 3) from nearby Irrigat ion Office. He introduced Anant Deshmukh (PW-9) to the Panchas and asked them to read over his complaint. A trap was laid to apprehend the respondent soon after acceptance of the illegal grat ificat ion of Rs. 3007 -. At the relevant time, Anant Deshmukh (PW- 9) was having Rs. 4257- with him. Out of the same, Rs. 300/- currency notes of 100 denominat ion each were separat ed. THE remaining amount was kept in front upper pocket of his shirt. Three currency notes of Rs. 100/- each were smeared with anthrasene powder after demonstrat ion given to the Panch witnesses. PI Gadade instructed Anant Deshmukh (PW-9) to go to the office of Zilla Parishad along with Panch Uttam Bhutekar (PW-1 ). THE lat ter was instructed to remain in company of Anant Deshmukh (PW-9) and to wat ch the conversat ion between them and their other acts. Another Panch - Sahebrao Wanve (PW-3) and members of the raiding party were to follow them from a short distance. As decided, Anant Deshmukh (PW-9) and the Panch went to the Zilla Parishad office. THEy contacted the respondent. THE respondent took the file to the chamber of the Deputy Accountant for signat ures. While the relevant file was in the chamber of the Chief Accountant, the respondent asked Anant Deshmukh (PW-9) to go outside with him. THEy came out and went to a nearby tea stall (Tapari ). THE trio sipped a cup of tea. Another Panch and members of the raiding party were keeping vigil from a short distance. After having a cup of tea, Anant Deshmukh paid the bill. THE respondent demanded him the amount as settled in the morning. THEreupon, Anant Deshmukh (PW - 9) handed over the tainted currency notes to the respondent. THE respondent accepted the bribe amount by his right hand and took them in the left hand and inserted the same in the left front pocket of his pant. Immediat ely, thereafter, Anant Deshmukh (PW-9) signaled the raiding party, by moving his hand on the head. PHC Mane immediat ely darted ahead and caught both hands of the respondent. THE other members of the raiding party immediat ely rushed to the place. Both the hands and the Pant of the respondent were examined in presence of the Panchas under ultra violat e lamp and were found to bear bluish sparkle of the anthracene powder. THE tainted currency notes were seized. A post trap Panchanama was drawn. THE Pant put on by the respondent was also seized, after providing him another one which was fetched from his house. THE relevant file of the GPF arrears case was also seized. THEreafter PI Gadade lodged the FIR. Relevant copies of Panchanama, complaint and other papers were forwarded to the Chief Executive Officer of the Zilla Parishad for the purpose of obtaining sanction. THE competent authority gave sanction to prosecute the respondent. On basis of the mat erial collected during course of investigat ion and the documents which were seized, the respondent was charge-sheeted for the offence punishable u/s. 7 read with 13 (l) (d) and 13 (2) of the Prevention of Corruption Act, 1988.