RAJNIKANT JAYWANT LONDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant convicted for offences under sections 161 and 217 of Indian Penal Code and sentenced to r. I. for one year and to pay a fine of Rs. 500/- in default to suffer RI for six months for each of the above offences by the Judgment and Order dated 31st July 1992 delivered in special Case No. 3 of 1989 by Special Judge, Sangli has appealed against the order of conviction and sentence recorded against him.

(2.) THE prosecution case, briefly stated, runs as follows : The appellant at the relevant time i. e. between April to september 1987 was working as Police Head Constable attached to Jath Police Station. He was charged for commission of offences punishable under sections 409, 161, 217, 218, 193, 196 and 201 of the Indian Penal Code along with offence under section 5 (1) (c) and (d) read with section 5 (2) of the prevention of Corruption Act. The allegations against the appellant were that while acting as Head Constable attached to the said police station he had committed criminal breach of trust in respect of 91 foreign liquor bottles and cash amount of rs. 14/- by preparing false records. He is also alleged to have demanded and accepted illegal gratification of Rs. 790/-from six vehicle owners for releasing the vehicles and for not prosecuting the offenders under the provisions of the motor Vehicles Act. It was also alleged that he had caused disappearance of evidence in connection with the said prosecution under the Motor Vehicles Act with a view to save offenders from punishment. It was also alleged that on 15th june 1987 the Sarpanch of village Gudwad by his application (Exh. 37) applied to the police for police bandobast at the time of Hanuman Jayanti Festival s Yatra when accused demanded a sum of rs. 100/- as bandobast charges and issued rough receipt and later on deposited only Rs. 86/- with the cashier misappropriating Rs. 14/ -. On 17-8-1988 Dy. S. P. Anti corruption Bureau, Sangli received a complaint from one hanmant Kamble making allegations of corruption and mal practices against the accused and about the modus operandi of the appellant as to how he used to release the offenders without filing prosecutions against them by taking money. This offence was investigated by Dy. S. P. Mokashi who is examined as PW 8, after obtaining permission from D. C. P. , anti-Corruption Bureau, Pune. He visited Jath Police Station and verified that six cases were entrusted to the accused detected by squad of S. T. Depot-Manager for unlawful transport of passengers but the accused had charge-sheeted only one offender. In the course of enquiry PW 8 also found that the appellant had received different amounts from the offenders for not prosecuting the offenders. After the enquiry the report was sent to DCP, Pune by PW 8 who permitted PW 8, Dy. S. P. to lodge a complaint. Accordingly on 9th March, 1988 FIR was lodged by him and the offence was registered under C. R. No. 30/1988 which is at Exhibit 46. PW 9 Police Inspector Honrao attached to the Anti Corruption bureau, Sangli was handed over the investigation. After recording the statements of some witnesses he was transferred and, therefore, ultimately the charge-sheet was filed against the appellant by PW 8 Dy. S. P. Mokashi on 30-11-1988.

(3.) ON the basis of the charge-sheet several charges were framed in the Court of Special Judge, Sangli for offences under sections 409, 161, 217, 218, 196 and 201 of Indian penal Code and for offence under section 5 (1) (c) and (d)read with section 5 (2) of the Prevention of Corruption Act which is at Exhibit 5. At the trial the accused pleaded not guilty to the said charges and claimed to be tried. His defence was of total denial. He denied to have received the case papers in respect of five cases for filing prosecutions under the Motor Vehicles Act. He denied that he had received any amount as illegal gratification.