The demand of bribe is essential to prove charges under the Prevention of Corruption Act, and the prosecution must establish its case beyond reasonable doubt.

JUDGMENT

1. This appeal is preferred by the State of Maharashtra under Sec. 378 (3) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") challenging the judgment and order dtd. 27/9/2005 acquitting the respondent - accused for the offences under Ss. 7 and 13(1)(d) r/w Sec. 13(2) and Sec. 12 of the Prevention of Corruption Act, 1988 (for short "PC Act").

2. During the pendency of this appeal, the respondent No.2 has expired. The death certificate of respondent No.2 has been produced by the learned counsel for the appellant which indicate that the respondent No.2 has expired on 22 nd August, 2021. The photo copy of the death certificate is taken on record and marked as 'X' for identification. In view of the aforesaid circumstance, the appeal against the respondent No.2 stands abated.

3. The case of the prosecution is as under :-

(a) The accused No.1, Ashok Ramdas Patil was working as Chief Engineer and the accused No.2 was Executive Engineer. It is alleged that, being a public servant the accused No.1 had accepted the amount of Rs.1,00,000.00 from the complainant as a gratification other than legal remuneration for supplying copies of contract drawings, working drawings and lay out plans to the complainant in respect of work allotted to him on accepting his tender and thus obtained pecuniary benefit of Rs.1,00,000.00 from the complainant by corrupt or illegal means or otherwise abusing his position as a public servant and thereby committed for offence under Ss. 7, 13(1)(d) punishable under Sec. 13(2) of PC Act. Accused No.2 was charged on the accusation that while acting as a public servant in the office of Pimpalgaon Joge Dam Division, Narayangaon, Dist. Pune, abetted the commission of offence under Sec. 7 of the PC Act by accused No.1 and thereby committed offence under Sec. 12 of the PC Act.

(b) Public notice calling tenders for carrying out the work of canal at Pimpalgaon Joge was published. The complainant submitted tender for the said work of Rs.92,46,384.00. Being lowest rate, the tender was accepted on 17/10/1997. Subsequently, the Executive Engineer, (accused No.2) had issued the work order to the complainant in respect of that work. The complainant then met accused No.2 on 26/12/1997 and 1/1/1998 for supply of certified copies of tender along with lay out plan, drawings of the work. The accused No.2 suggested the complainant to pay 1% of the total amount of accepted tender to the Chief Engineer (accused No.1) for supplying lay out plan and drawings.

(c) On the suggestion of accused No.2, the complainant met the Chief Engineer on 9/1/1998. He demanded 1% amount of total value of tender and agreed to accept Rs.1,00,000.00 from the complainant for that purpose on 10-01- 1998 in his office or residence.

(d) The complainant approached A.C.B. Office on 10-01- 1998 and lodged the complaint. On 10/1/1998, the A.C.B. Officers made arrangement for telephonic talks between accused No.1 and the complainant for verification of complaint. For that purpose they went to hotel situated at Apate Road, Pune and occupied room No.305. In the presence of panch witnesses, the complainant had a conversation with accused No.1. It was recorded on Audio tape and it was decided to send Mr. Kamble, Engineer working with the complainant for paying the bribe amount to the accused.

(e) On 11/1/1998, the complainant, panch witnesses, A.C.B. Officers, and Mr. Kamble gathered at Hotel Shreyas. The complainant had arranged the amount of Rs.1,00,000.00 which was to be paid to the accused No.1 as bribe. Anthracene powder was applied to the currency notes. Necessary instructions were given to Mr. Kamble and panch witnesses. Polythene bag containing the bribe amount was given to Mr. Kamble for handing it over to accused No.1 on demand of bribe. Panch No.1 Asawale was instructed to accompany Mr. Kamble while visiting the house of accused No.1 and to stay outside and directed Mr. Kamble to enter into the house of accused and on demand to pay the bribe