The central legal point established in the judgment is the requirement for corroborating evidence of interested witnesses on the trap with independent evidence, and the need to consider allegations of taking a bribe along with other material circumstances.

JUDGMENT

Prakash D. Naik, J. - The appellant has challenged the judgment and order dated 31 st March 1998 passed by Special Judge, Solapur in Special Case No.1 of 1995 convicting appellant for the offences punishable under Section 13(2) r/w Section 13(1)(d) of Prevention of Corruption act, 1988 (P.C.act) and sentenced to suffer rigorous imprisonment for 1 years and pay fine of Rs.1,000/-. He is also convicted for the offence punishable under Section 7 of P.C.act and sentenced to suffer rigorous imprisonment for one year and pay fine of Rs.750/-.

2. The prosecution case is that the accused is Head Constable attached to Mohol Police Station and at the relevant time he was on duty at Kamti Outpost which was within the jurisdiction of Mohol Police Station. The complainant is resident of village Wagholi, Taluka Mohol. On 6th November 1994 some persons assaulted the complainant and in connection with the said incident he had visited Kamti outpost and his complaint was recorded by accused. On the next day the complainant filed application to the Superintendent of Police (Rural), Solapur, however, no action was initiated on his complaint. On 18th November 1994 the complainant approached Mohol Police Station and contacted Police Sub-Inspector Rasal and expressed grievance about inaction on his complaint. PSI Rasal prepared a note and handed it over to the complainant in a sealed envelope for being delivered to accused at Kamti outpost. accordingly complainant visited Kamti outpost on 18th November 1994. The accused was not available. On 19th November 1994 the complainant again visited Kamti outpost and met accused. The envelope handed over by PSI Rasal was delivered to accused. The accused told the complainant to bring his wife on the next day for recording statement. On 20th November 1994 the accused recorded statement of complainant's wife, complainant and other persons. after the statements were recorded, the accused demanded amount of Rs.200/- for not filing chapter case against him. The accused informed the complainant that PSI Rasal has directed him to file chapter case against him as well as Tamboli group who had assaulted him. He would not file chapter case against complainant, if he pays bribe of Rs.200/-. The complainant disclosed that he do not have money. The accused suggested him to pay Rs.200/- on the next day. The complainant decided to approach anti Corruption Bureau (`aCB') Office at Solapur. On 21st November 1994 the complainant went to aCB office, at Solapur and contacted Deputy Superintendent of Police Mr.Chavan. His complaint was recorded. The complainant produced copy of application which he had sent to Superintendent of Police (Rural), Solapur. On recording the complaint, the Deputy Superintendent of Police, aCB decided to lay a trap. Two persons were summoned to act as panch witnesses. Mr.Koli and Mr.Malve visited aCB office. They were introduced to complainant. They agreed to act as panch witnesses for trap. The complaint recorded by Deputy Superintendent of Police Chavan was handed over to panch witnesses. It was read by them. The complainant produced trap money of Rs.200/- which consisted two currency notes of Rs.100/-. The procedure required for arranging trap was completed. Instructions were given to complainant and panch witnesses. The complainant was told to visit Kamti outpost along with panch no.1 and contact accused. He was instructed to pay amount only on demand by accused. Panch no.1 was to accompany complainant. Pre trap panchanama was recorded. all of them left towards Kamti outpost. The complainant and panch no.1 went to the outpost and others went around the outpost. The complainant requested the accused not to file chapter case against him and the accused asked the complainant whether he has brought Rs.200/- as suggested by him. The complainant replied in affirmative and removed the marked currency notes from his shirt pocket. The accused accepted the amount. Signal was given to the raiding party.