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2018 Supreme(Bom) 1544

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S. GADKARI, J.
Khushalchand Yashwant Gaikwad - Appellant
Vs.
State of Maharashtra - Respondent
Cri. Appeal No. 522 of 2012 with Cri. Appln. No. 1479 of 2016
Decided On : 18-04-2018

Advocates Appeared:
For the Appellant : Satyavrat Joshi
For the Respondents: Ms. V.S. Mhaispurkar

Headnote:

Prevention of Corruption Act, 1988 – Section 7 and 13 – Suffer rigorous imprisonment - Appellant was working as a Police Hawaldar and was posted at Tarle Outpost within the jurisdiction of Police Station, District-Satara - First informant resident of village and was working with the State Transport Corporation at Parel Depot, Mumbai wife and children were residing at village there was quarrel between and her children Suhas and Jaydeep on one hand and also a resident of village Tarale on other hand Gonjari lodged a complaint with Police Outpost against and her sons and Jaydeep which was entered into occurrence register – Held, First informant was having grudge against the appellant for sending proposal of his son and wife to the Tahasildar with a view to implicate the appellant in a false case informant might have kept the alleged bribe amount in drawer of appellant when he was not present in police station on two consecutive occasions before conducting raid in question and therefore he is entitled for benefit of doubt in that behalf further to be noted here that prosecution has failed to produce on record tape-recorder which was kept in pocket of first informant as has been admitted by Investigating Officer which also creates doubt about demand made by appellant – Appeal allowed.

JUDGMENT :

The present appeal is directed against the Judgment and Order dated 31st March 2012 passed by the learned Special Judge, Karad, District-Satara in Special Case No. 13 of 2009, thereby convicting the appellant for the offence punishable under section 7 and under section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 and is sentenced to suffer rigorous imprisonment for one year on each count and to pay fine of Rs. 1000/- (One Thousand) on each count, default of payment of find to suffer simple imprisonment for three months. The learned Special Judge has directed that the substantive sentences to run concurrently. The said Judgment and Order dated 31st March 2012 is impugned herein.

2. Heard Mr. Joshi, the learned Advocate for the appellant and Ms. Mhaispurkar, the learned APP for the State.

3. The prosecution in brief is as under :

(i) The appellant was working as a Police Hawaldar and was posted at Tarle Outpost within the jurisdiction of Umbraj Police Station, District-Satara. The first informant Shri Jaywant D. Sangar (PW No. 1) was the resident of village Tarle and was working with the State Transport Corporation at Parel Depot, Mumbai. His wife and children were residing at village Tarle. That on 3-3-2009 there was quarrel between Mrs. Deepa and her children Suhas and Jaydeep on one hand and Smt. Smita Gonjari also a resident of village Tarale on the other hand. Smt. Gonjari lodged a complaint with Tarle Police Outpost on 4-3-2009 against Mrs. Deepa and her sons Suhas and Jaydeep which was entered into occurrence register at Sr. No. 33 of 2009 by the appellant and a Non-Cognizable Offence bearing No. 232 of 2009 under sections 323, 504, 506 read with 34 of the Indian Penal Code was lodged.

(ii) In furtherance of the said complaint lodged by Smt. Gonjari, the appellant without arresting the wife and children of the first informant and sending their chapter case to Tahasildar, Patan, demanded an amount of Rs. 1000/- (One Thousand) which was other than legal charges from the first informant and directed the first informant to bring the said amount after 12.00 noon on 14-3-2009 at Tarle Police Outpost. As the first informant was not willing to pay the said gratification to the appellant, he lodged the complaint with the Office of the Anti-Corruption Bureau, Satara. The Investigating Agency thereafter reduced the said complaint (Exhibit-19) of the complainant in writing. After complying with the necessary legal formalities, a trap was led on 14-3-2009. That after the appellant accepted the bribe amount from the informant (PW No. 1), he kept it in the drawer of his table. After receipt of per-decided signal, the Investigating Agency conducted raid and apprehended the appellant on the spot and the said amount was found in the drawer of the table of the appellant. After completing necessary legal formalities, the Investigating Agency submitted the charge-sheet against the appellant before the learned Special Court.

(iii) The trial Court framed charge below Exhibit-12 against the appellant under section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988. The said charge was read over and explained to the appellant to which he denied and claimed to be tried. The defence of the appellant was of total denial and false implication. It is the defence of the appellant that, the first informant had a grudge in his mind against him, as he had submitted a report of Chapter case with the Tahasildar, Patan against the wife and sons of the first informant, he has falsely implicated him in the present crime.

(iv) The prosecution in support of its case, examined in all four witnesses. The learned trial Court after recording the evidence and after hearing the parties to the said case, was pleased to convict the appellant by the impugned Judgment and Order dated 31st March, 2012 as stated hereinabove.

4. Mr. Joshi, the learned Counsel appearing for the appellant submitted that, as per the prosecution case the appellan



















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