CHIMAN KESHVADAS BHATIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-accused was tried by the Special Judge, Thane in Special Case No. 1 of 1980 for offences punishable under section 161 of the Indian Penal Code and section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 and by the impugned judgment and Order dated 31st January, 1981 was convicted for the said offences. He was sentenced to suffer rigorous imprisonment for 6 months for an offence punishable under section 161 of the Indian Penal Code and also for 6 months rigorous imprisonment for an offence punishable under section 5(1)(d) read with section 5(2) of Prevention of Corruption Act. The substantive sentences were ordered to run concurrently.

(2.) Dr. Laxman Gogate (P.W. 5) was at the relevant time working as Civil Surgeon at Civil Hospital, Thane. It is the prosecution case that as Civil Surgeon he was also entitled to private practice and one of his duties was to attend to the employees of the Government and the public sector Corporations and semi-Government bodies and counter-sign the medical certificates brought by such employees for having taken medical treatment from private medical practitioners. While counter-signing such certificates it was his duty to see that the medical certificates by the private practitioners were correctly issued. Further, it was the prosecution case that Dr. Gogate was entitled to charge fees for countersigning such certificates. The appellant was working as Junior Clerk under Dr. Gogate. It was one of the duties of the appellant, as per the instructions of Dr. Gogate, to look after the work of getting such certificates counter-signed by him and he (appellant) was also instructed to collect fees for and on behalf of Dr. Gogate from such patients.

(3.) Complainant Rasul Shaikh (P.W. 1) was a motor vehicle driver in the employment of the Maharashtra State Road Transport Corporation and was at the relevant time attached to Thane depot. On 14th January, 1978 at about 11.30 p.m. there was an accident in which he was involved and had received serious injuries. He took medical treatment from Dr. Ravika Deshpande, (P.W. 6) of Sangli and Dr. Sidlingappa Jevur (P.W. 4) of Jat. He could not resume his duties till 15th May, 1978. However, on 21st February, 1978 he sent two certificates; one issued by Sassoon Hospital, Pune and the other issued by Dr. Deshpande, to the Depot Manager, Thane. On 5th May, 1978 he received a letter from the Divisional Controller, of the Maharashtra State Road Transport Corporation asking him to obtain counter-signatures on the said certificates from the Civil Surgeon, Thane. The complainant, therefore, went to Civil Hospital, Thane on 16th May, 1978 after obtaining one more certificate from Dr. Jevur. He met Civil Surgeon Dr. Gogate at Thane Civil Hospital and requested him to counter-sign the certificates. According to him, Dr. Gogate told him that he would have to pay his fees and then directed him to see the appellant. Complainant Shaikh, therefore, saw the appellant in his office room. On seeing the papers, the appellant was alleged to have told complainant-Shaikh that he would have to pay Rs. 125/- i.e. Rs. 100/- for the Civil Surgeon and Rs. 25/- for himself (appellant) and thereafter he would do the needful in the matter. Shaikh expressed his inability to pay such large amount and said that he could at the most pay Rs. 125/- or Rs. 30/- as he was on leave without pay for about 4 months. However, the appellant insisted upon the payment of Rs. 125/- and asked the complainant to go to Civil Hospital before 1.00 p.m. on 18th May, 1978 and that he would make the necessary arrangement for getting counter-signatures on the certificates thereafter. In the meanwhile, complainant Shaikh contacted Inspector Mandanal Tasgaonkar (P.W. 10) of the Anti Corruption Bureau, Thane and lodged his complaint against the appellant. Accordingly, on 18th May, 1978 a trap was arranged after completing all the formalities and a sum of Rs. 125/- was recovered from the appellant as a result of the said successful trap.