RAMNATH RADHAKISHAN MAHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by Special Judge, Ahmednagar in Special Case No.11/1998, whereby appellant has been convicted for offence punishable U/s 7 of the Prevention of Corruption Act, 1988 and has been sentenced to suffer rigorous imprisonment for one (1) year and to pay fine of Rs.500/-, in default to suffer rigorous imprisonment for fifteen (15) days and has been further convicted for offence punishable U/s 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for one (1) year and to pay fine of Rs.500/-, in default to suffer rigorous imprisonment for fifteen (15) days.

(2.) Briefly stated, the prosecution case is that appellant - Ramnath Radhakisan Mahale, was attached to Cooperative Court at Ahmednagar as a Sheristedar. He was entrusted with work of conducting scrutiny of the Suits, Election Petitions and other matters filed in the said Court. He was required to verify whether filing of the petitions, suits etc. were as per the procedure provided for and whether appropriate Court fees was paid. Complainant Shivaji Baburao Karale, a Junior Advocate, approached the appellant on 6.2.1998 with docket of an Election Petition to be filed on behalf of one Smt.Sheelabai Suryabhan Navasre. The appellant received the papers. Complainant Mr.Karale, Advocate, then requested the appellant to prepare a challan for payment of Court-fees stamp. The appellant suggestively demanded bribe money from him by saying "Will you not look at us. - In response, complainant Mr.Karale, Advocate expressed difficulty saying that he was a Junior Advocate but the appellant told him to stop giving the lecture and asked whether he had Rs.50/-. The appellant told him that if he would give Rs.50/-, challan would be immediately prepared and registration of the Election Petition will be done. Though, complainant Mr.Karale, Advocate pleaded with the appellant, yet, he did not budge and threw the file. So, complainant Mr.Karale, Advocate went to Office of the Anti Corruption Bureau and lodged a complaint as regards demand of illegal gratification by the appellant. His complaint was reduced into writing by the Dy.S.P. - P.W. Mr.Mane. He was called next morning at the A.C.B. Office.

(3.) In the next morning i.e. 7.2.1998, complainant Mr.Karale, Advocate again visited Office of the A.C.B. where Panchas were called. A pre-trap panchanama was drawn. A currency note of Rs.50/- with coating of anthracene powder was given to him for purpose of making payment to the appellant towards illegal gratification. He thereafter went to the Cooperative Court alongwith one of the Panch witness, namely, P.W. Sambhaji Jare, whereas the other members of the raiding party followed them. He approached the appellant and placed the Election Petition on his table. He requested the appellant to fill up the challan for the purpose of payment of Court-fees. The appellant took out forms of challan and filled up one of the copy, pushed another copy of the challan towards complainant Mr.Karale, Advocate and by gestures of raising eyebrows, he indicated the demand. Thereupon, complainant Mr.Karale, Advocate gave the tainted currency note to the appellant. The appellant accepted the currency note by his right hand and placed it in his shirt pocket. The complainant - Mr.Karale, Advocate got up and gave signal to the members of raiding party. Immediately, Dy.S.P. Mane and others rushed to the place. Both hands of the appellant were caught and were examined under ultraviolet light. There appeared violet blisters on fingers of his right hand as well as on left side shirt pocket. The tainted currency note was recovered from his shirt's pocket. A detailed post-trap Panchanama was drawn and the tainted currency note was seized then and there.