MAHESH RAMESH JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The instant appeal calls in question the impugned judgment and order rendered by the Special Judge, Amalner, District Jalgaon, in Special (ACB) Case No. 3 of 2012 dated 30-07-2014, thereby convicting the appellant/accused for the offence punishable under Sections 7, 13(1) (d) of the Prevention of Corruption Act, 1988 (for short "Act of 1988"). The accused was sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 10,000/- in default of fine to suffer simple imprisonment of one month as well as to suffer rigorous imprisonment for three years and to pay fine of Rs. 5,000/- in default of fine to suffer simple imprisonment of one month on both counts respectively. Being dis-satisfied with the impugned judgment and order of conviction and resultant sentence, the accused-appellant taking recourse of remedy under section 374 of the Code of Criminal Procedure (for short "Cr.P.C.) preferred the present appeal to redress his grievances.

(2.) The factual matrix sans unnecessary details in brief is that the complainant Shri Nivrutti s/o Pralhad Khairnar resident of Deogaon, Taluka Chopda, District Jalgaon, on 03-01-2012, approached to the ACB sleuth, Jalgaon and ventilated the grievances that the proposals to get Nomadic tribes Caste Certificate of his younger brother Sandeep Khairnar, cousin brother and sister, namely, Swpanil Khairnar and Ku. Swati Khairnar were submitted on 23-09-2011 in 'Seth Suvida Kendra, Tahsil Office, Chopda, District Jalgaon.' After due compliance of procedural formalities, the proposals were forwarded to concern SubDivisional Magistrate's office Amalner for further process. The complainant Shri Nivrutti Khairnar prior to 10/12 days of the complaint visited to the office of S.D.M. Amalner for enquiry about the proposal of caste certificate of his brothers and sister. He came to know that the proposals are pending on the table of appellant-accused Mahesh Jadhav. Therefore, he met with the accused/appellant and made enquiry. The accused disclosed to the complainant that, he will prepare and issue caste certificate of his brothers and sister, but he has to pay Rs.15,000/- for his proposal of three caste certificate. After negotiation, the accused/appellant agreed to accept Rs.10,000/- as bribe for issuance of three caste certificates of brothers and sister of complainant. It has been alleged that on 02-01-2017 in the morning hours, the appellant/ accused contacted with the complainant on his cell phone and asked him to bring Rs. 10,000/- as decided and take the caste certificate of his brother and sister. The complainant was not ready and willing to pay bribe to the appellant-accused. Therefore, he consulted with the ACB personnel, Jalgaon and filed the complaint. The Investigating Officer, P.I. Shri Garud procured presence of two panchas. They were appraised about the demand of bribe by the accused. The panchnama of verification of demand of bribe was drawn after visiting to the accused by complainant in presence of shadow panch. The recorded conversation of demand of bribe was transcribed in the panchnama. The IO proceeded to lay trap after arrival of accused in the office as he was not available in the office for 2/3 days. It has been contended that on 09-01-2012, the complainant once again visited to the office of ACB Jalgoan and informed that he has received the phone call of accused and he called him in the office. Accordingly, IO completed the formalities of pre-trap panchnama. Thereafter the trap was laid and appellant/accused was caught raid handed while accepting the bribe amount from the complainant. The detail post trap panchnama was drawn. IO recorded statement of appellant/accused. Thereafter, he filed the report to the concern Police Station for penal action against the accused.

(3.) Pursuant to FIR, Police of Amalner Police Station, District Jalgaon registered the crime No. 3003 of 2012 for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Act of 1988 and set the penal law in motion. IO recorded statements of witnesses acquainted with the facts of the case. He has collected relevant documents as well as sanction order for prosecution of the accused from concerned Collector, Jalgaon. After compliance of procedural formalities, IO filed the charge sheet against appellant-accused vide Special Case (ACB) No. 3 of 2012. The learned Special Judge, framed the charge (Exhibit-12) against appellant-accused. He pleaded not guilty and claimed for trial. In order to bring home guilt of the accused, prosecution examined in all four witnesses in this case comprising PW 1- Shri Nivrutti Khairnar, complainant, PW2- Shekhar Babu Tadavi, Shadow Pancha, PW 3-Dnyaneshwar Sadashivrao Rajurkar, sanctioning authority for prosecution and PW 4- Shri Garud, Investigating Officer. The learned Special Judge also recorded statement of accused under Section 313 of Cr.P.C. to afford him an opportunity to explain incriminating circumstances brought on record. The appellant-accused denied the incriminating circumstances and claimed his innocence. According to accused, the complainant taking umbrage of reluctantness of accused to deliver the documents of cast certificate to complainant in person instead of presence of original applicant and that too without compliance of deficiencies raised in the proposal, embroiled him in this false case by forcibly thrusting the tainted currency notes in his backside pant pocket. The learned Special Judge appreciated the oral and circumstantial evidence adduced on record after hearing both sides and held the accused guilty for the offence punishable under sections 7, 13(1)(d) of the Act of 1988. Accordingly, the learned Special Judge, Amalner, rendered the impugned judgment and order of conviction and resultant sentence which is the subject-matter of present appeal.