- (1.) Being aggrieved by Judgment and Order dated 7th July, 2003 passed by the learned Additional Sessions Judge, Biloli, Dist. Nanded in Special Case (A.C.B.) No.3 Of 2002 thereby, acquitting the Respondent for the offence punishable under Section/s. 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, present Criminal Appeal is preferred by the Appellant the State. G.A.Ghule [P.A.]
(2.) Prosecution case, in short, is as under : During the relevant period, present Respondent was serving as Assistant Account Officer in Zilla Parishad, Nanded. In the month of May, 2002 he was posted in Panchayat Samiti, Biloli, District Nanded. complainant Vijay Parashram Gadiwan's father was serving as Head Master in the Z.P. School at Jarikot, Taluka Dharmabad. Because of ill heath, complainant's father had taken voluntary retirement from service on 21st August, 1997 and thereafter on 18th April, 2000 he expired. Due to revision of pay on the recommendation of 5th Pay Commission, there were certain arrears and pension was due to the deceased and thereafter to the mother of complainant namely Hirabai. The Respondent had issued first installment of Rs.68,000/ in the name of Hiramabi (widow of Parashram Gadiwan). That time, he had demanded Rs.3000/ from the complainant. The complainant had paid the same. Thereafter next installment of Rs.66,000/ was paid under the cheque. At that time, the Respondent demanded gratification of Rs.4000/. That time, the complainant paid only Rs.1000/ and assured to pay the balance of amount. At the time of payment of third installment, on 9th May, 2002 cheque was issued for Rs.36492/ though in fact, amount receivable was Rs.66158/. Upon questioning by the complainant, the Respondent explained that, as per the directions issued from the Head Office i.e. Zilla Parishad, cheque was issued and, therefore, advised him to contact the higher Officer. Thereafter, modification order was issued. Copy of the said order was brought by the complainant to Panchayat Samiti and on 16th May, 2002 he again met the Respondent. When he requested the Respondent to issue the cheque for remaining amount, at that time, the Respondent demanded amount of Rs.7000/ towards gratification i.e. Rs.3000/ which were demanded for earlier cheques and Rs.4000/ for issuing additional cheque. After negotiation, amount was settled at Rs.2000/. The complainant helplessly agreed for payment of Rs.2000/ and thereafter he approached the Office of the Anti Corruption Bureau, Nanded on 18th May, 2002 and lodged the complaint in writing.
(3.) The investigation was carried by PW No.5 Manik Shivram Perke, Dy.S.P., A.C.B., Nanded. He called two panch witnesses, organized the demonstration before them of application of anthracene powder and use of ultra violet lamp. He applied anthracene powder to the decoy money brought by the complainant. Thereafter, trap was laid.;