KESHAV MOHANJI SAKHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgement rendered by learned Special Judge in Special Case No. 11/1995 whereby the appellants have been convicted for offences punishable under section 7 and 13 (2) read with section 13 (1) (d) and section 12 read with section 7 of the Prevention of Corruption act, 1988 (for short, "the PC Act" ). The appellant No. 1 has been sentenced to suffer rigorous imprisonment for two (2) years and to pay fine of Rs. 500/, in default to suffer rigorous imprisonment for six (6) months for offence punishable under section 13 (1) (d)read with section 13 (2) of the PC Act and further sentenced to suffer rigorous imprisonment for one (1) year and to pay fine of Rs. 200/, in default to suffer rigorous imprisonment for three (3) months for offence punishable under section 7 of the PC act. The appellant No. 2 is sentenced to suffer rigorous imprisonment for one (1) year and to pay fine of Rs. 100/, in default to suffer rigorous imprisonment for two (2)months for offence punishable under section 12 read with section 7 of the PC Act.

(2.) INDISPUTABLY, the appellant No. 1 was working as a public servant being village talathi for Sajja Shelud and the appellant No. 2 was also a public servant being the village kotwal. Complainant PW Magan Bochr is inhabitant of village Chartha which comes within revenue jurisdiction of Sajja Sheiud. He had purchased certain agricultural lands out of lands bearing Gat Nos. 39, 44 and 96 situated in his village. He had approached the appellant No. 1 for recording of names of himself and his relatives as per the saledeeds.

(3.) THE prosecution case, stated briefly, is that the appellant No. 1 demanded Rs. 500/ each for effecting mutations in the 7/12 record on basis of the five (5) saledeeds under which the purchases were made by complainant pw Magan Bochre and his relatives. The total amount of Rs. 2500/thus was demanded for doing the official act of the five (5) proposed mutation entries. Reluctantly, complainant PW Magan Bochare paid Rs. 500/to the appellant No. 1 on 24th may, 1995. The appellant No. 1 told him to pay the balance amount of Rs. 2000/and further informed him that unless such amount was paid, the contemplated work would not be done. Complainant PW Magan bochre, however, met the appellant No. 1 on 31st May, 1995 and urged to record the mutation entries as per the saledeeds. The appellant No. 1 refused to do the work without receipt of the demanded amount. Since complainant PW Magan Bochre did not want to pay the demanded bribe amount, ultimately, on 6th June, 1995, he went to office of the Anti Corruption Bureau (ACB), aurangabad, He narrated the nature of demand made by the appellant No. 1 to dy. S. P. (ACB) - PW Shri Khekale. His oral complaint was reduced into writing. The dy. S. P. requisitioned presence of two (2)employees of the Government Milk Dairy as panch witnesses. They were informed about details of the complaint lodged by complainant PW Magan Bochre. Thereafter, 20 currency notes of Rs. 100/denomination each were produced by complainant PW magan Bochre. The currency notes were smeared with anthracene powder. He and the panch witnesses were explained the purport of using the anthracene powder. The Dy. S. P. instructed them about the steps to be taken during course of the trap which was planned to be iaid. A pretrap panchanama was drawn in the office of the A. C. B. The Dy. S. P. , complainant PW Magan Bochre, both the panchas and the other members of the police staff proceeded to village Ladsawangi in a police jeep. The office of the village talathi was then at village Ladsawangi, The jeep vehicle was parked at some distance. As instructed to them, complainant PW Magan bochre and shadow panch by name: Shri baraskar went to the office of the Talathi on foot. The appellant No. 1 was present in his office. He made inquiry about the shadow panch and after some formal talk, the appellant went outside the office where th e complainant - PW Magan Bochre was standing. The appellant No. 1 inquired whether he had brought the money. Then, complainant PW Magan Bochre gave affirmative reply. The appellant No. 1 demanded the money from him. Thereupon, complainant PW Magan Bochre took out the bundle of tainted currency notes. The appellant No. 1 instructed the appellant No. 2 to receive the money from him. The appellant no. 2 thereafter took the tainted currency notes from him and placed the same in the left side pocket of his trouser. Immediately, complainant PW Magan Bochre signaled the members of the raiding party. The Dy. S. P. Shri Khekale and other members of the raiding party rushed to the spot. On inquiry, the shadow panch - PW Shri Baraskar told them about acceptance of the tainted currency notes by the appellant No. 2. Both the hands of the appellant No. 2 were firmly held. The fingers of his hands were found to bear bluish shining when examined under the ultra violet lamp. The tainted currency notes were removed from pocket of the trouser of the appellant No. 2. A posttrap panchanama was drawn. The tainted currency notes were seized after following due procedure. On basis of f. I. R. lodged by Dy. S. P. Shri Khekale, crime no. 116/1995 was registered against the appellants. House of the appellant No. 1 was searched. Copies of the three (3) saledeeds and original notice in Form No. 4 were recovered from his residential premises. On basis of material collected during course of investigation, both the appellants were chargesheeted for the offences under the relevant provisions of the PC Act.