ASHOK KASHINATH PATHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has been facing trial for the charges of corruption for allegedly demanding and accepting bribe from six persons on different occasions. THE Lower Court has framed in all fourteen charges of the same kind against appellant under Sec. 161 of I. P. C. and under Sec. 5 (2) read with Sec. 5 (1) (d) of the Prevention of Corruption Act, 1947. He was convicted and sentenced to R. I. for one year and to pay fine of Rs. 6,000/- i/default R. I. for two months for the offence under Sec. 161 of I. P. C. and also R. I. for two months for the offence under Sec. 5 (2) r. w. Sec. 5 (i) (d) of the Prevention of Corruption At, 1947 for having demanded and accepted a bribe of Rs. 600/- from one Kantilal Shivaji Faria on 10.02. 1987 under the judgment of the trial court which is impugned in this appeal. THE substantive sentences are directed to run concurrently.

(2.) PRECISELY the allegations against the appellant was that while he was working as Asst. Electrical Inspector, Inspector Division, Thane No. I during the period from February 1987 to August, 1987, he demanded and obtained certain amounts as illegal gratification from some of the unit owners of the Govind Udyog Bhavan Industrial Estate, Mulund (West), Bombay on different dates as follows : (i)Rs. 300/- on 05. 02. 1987 from John Alex Pareira for Unit No.236 and a packet Super Staple Pins also valued at Rs. 25/- from him. (ii)Rs. 1500/- on 5.2.1987 from Shri. Bomi Nanji Adajania for the Unit No.233, (iii)Rs. 600/- from Shri. Dinesh Bamji Rachh on 5.2.. 1987 for Unit No.9 and 10.(iv)Rs. 500/- from Shri. Kirti Vallabhdas Dawda on 6.2.1987 for the Unit No.130 and (v)Rs. 600/- from one Shri. Kantilal Shivaji Faria in Govind Udyog Bhuvan Industrial Estate Mulund (w) Bombay on 10.2. 1987 for Unit no. 247.

(3.) THE general allegation against the appellant is that the petitioner while he was working as Electrical Inspector, used to collect the bribe in Hafta (installments) from the Unit Holders of this Industrial Estate regularly. In that context he had visited Industrial Unit of Kantilal Shivaji Faria on 6th Feb. 1987, Unit No.247. According to the prosecution, when he visited that Unit on 6th Feb. 1987 he found that a wire was hanging from the tube light connection. THE accused then pointed out this defect to the complainant Kantilal Shivaji Faria that it is very serious defect and if the accused reports this matter to M. S. E. B. electric supply would be disconnected. He further told him that in consideration of not making any such complaint to M. S. E. B. the complainant should pay Rs. 600/- explaining that amount was calculated only at the ate of Rs. 50/- per month for one year. Though the complainant told him that he was unable to pay that amount, the accused insisted on him to pay. THE complainant pleaded with him to reduce the amount to Rs. 200/ -. But this request was turned down by the accused. Ultimately the complainant had agreed to pay this amount to the accused. THE accused then informed the complainant that he will come in between 12.00 to 2.00 p. m. on 10.02. 1987 for collecting the said amount.