Raveendran, J. - (1.) State has come up in appeal by special leave, against the judgment of acquittal dated 25-11-1997 passed by the Bombay High Court allowing Criminal Appeal No. 92 of 1990 filed by the accused, thereby setting aside the conviction and sentence under the judgment dated 7-2-1990 passed by the Additional Special Judge, Pune, in Special Case No. 1/1987. By the said judgment, the Special Judge had convicted and sentenced the respondent herein to undergo RI for one year in regard to an offence under Section 161 of the I.P.C. and RI for one year for an offence punishable under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (the Act for short), and to pay a fine of Rs. 1,000/- and in default to suffer further RI for three months, with a direction that both the substantive sentences shall run concurrently.
(2.) The prosecution case was as under :- 2. 1 The respondent was working as the Talathi of village Kodit, District Pune. One Mahadeo Bhimaji Badade (complainant) and his elder brother Baban were the owners of an ancestral field at village Kodit. They had taken a loan from one Krishna Badade and had secured the said land in his favour by way of a mortgage. The mortgage suit filed by the mortgagee ended in a compromise on 16-6-1973. In the year 1986, when the complainant obtained a 7/12 Extract in regard to the said land, he found that the name of the mortgagee was continued to be shown as the holder and person in possession. The complainant, therefore, requested the respondent/accused to delete the name of Krishna Badade in view of repayment of the mortgage loan in terms of the compromise. The accused informed the complainant that there will be some expenses in that behalf. Thereafter, when the complainant again went to the office of the accused on 6-9-1986 to verify whether the name of Krishna Badade was deleted, he found to his surprise that the names of the sons of Krishna Badade had also been entered. Krishna Badade and his sons had no objection for removal of their names from the revenue record. Therefore, the complainant again met the accused on 7-9-1986 with a request to remove the names of Krishna Badade and his sons. The accused informed him that the complainant will have to pay Rs. 1,000/-. When the complainant expressed his financial difficulty, the accused reduced the demand to Rs. 900, and instructed the complainant to come with the money. 2. 2 The complainant went to the Circle Office on 10-9-1986 and paid Rs. 600/- to the accused. The accused wrote out the necessary application for the complainant and obtained his signature. He, however, stated that the work would not be done unless the balance of Rs. 300/- was paid. Thereafter, when the complainant went to Gram Sevaks Office on 2-10-1986, for some work, the accused met him and asked him again to bring Rs. 300/- to Circle Office at Saswad and he would keep the 7/12 Extract ready. 2. 3 At that stage, the complainant went to the Anti-Corruption Bureau, Pune and lodged a report on 4-10-1986. On 6-10-1986, the amount brought by the complainant (one currency note of Rs.100/- and four currency notes of Rs. 50/-) were applied with a chemical and the chemically treated currency notes were kept in complainants pocket. The raiding party along with the complainant and Panch witnesses went to Saswad. The Complainant and Gulab Kangane (PW-2), a Panch witness, went to the Circle Office together, and the Police party followed them. That office was closed. However, they met the accused on the way and he asked the complainant to come to his residence. They also met one Kotwal. The complainant, Gulab and Kotwal went to the house of the accused. When complainant asked the accused as what happened to his work, the accused stated that the work was done, but he had to obtain the signature of the Circle Inspector. The accused asked the complainant whether he had brought the money. The complainant answered in the affirmative and paid the marked currency notes aggregating to Rs. 300/-. The accused accepted the same, counted the notes and put them in his pocket. Thereafter, the complainant went out and gave a signal to the raiding party. The raiding party came inside and apprehended the accused and recovered the marked three currency notes (Rs. 300/-) from his pocket. A Panchnama was drawn and the amount was seized. Statements of witnesses were recorded. After completing the investigation and necessary formalities relating to sanction, a charge-sheet was filed before the Special Court, Pune, under Section 161, IPC and Section 5(2) read with Section 5(1)(d) of the Act.
(3.) The defence as put forth in the cross-examination of the prosecution witnesses and the explanation given in the statement under section 313 of Cr.P.C was as follows :- Some amount was outstanding from the complainant in regard to a Tagai loan taken in the name of his elder brother Baban. The Tehsildar, Purandhar sent a communication dated 3-9-1986 to the accused stating that one Baban Bhimaji Badade of Kodit (brother of the complainant) was due in a sum of Rs. 2575.90 towards interest in respect of an engine loan taken in the year 1966. The accused was, therefore, instructed to recover the said amount and deposit it in the Government Treasury. Therefore, the accused sent a notice dated 6-9-1986 to the complainant, demanding payment of the amount due. In pursuance of it, the complainant came to his house on 6-10-1986 and paid him Rs. 300/- towards the amount outstanding to the Government, and it was received by him as Government dues and not as a bribe for showing any official favour to the complainant.;