The prosecution must prove the guilt of the accused beyond reasonable doubt, and failure to establish essential elements of the offence can result in acquittal.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed by original accused challenging her conviction by learned Special Judge, Osmanabad, Dist. Osmanabad on 27.02.2017 in Special Case (ACB) No. 11 of 2015; thereby convicting her for the offence punishable under Section 7, 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the “P.C. Act, for short).

2. Present appellant/original accused was serving as Sub-Divisional Officer and Land Acquisition Officer in the year 2014 and was at Osmanabad, Dist. Osmanabad at the time of incident.

3. Prosecution had come with a case that original complainant - one Dattatraya Arjun Deshmane is resident of village Kaudgaon, Taluka and District Osmanabad. He was the owner of agricultural land bearing Gat No. 141 admeasuring 1-H 47 R in the said village. His land was acquired by the Government about two years prior to the complaint. He had received the compensation for the land from the Government, but he had not received the compensation for the fruit bearing trees and stone bund from the said acquired land. He had made application for getting that compensation in the office of accused. Complainant had gone to the office of the accused about 5-6 days prior to the complaint for making inquiry into the compensation. He had met accused at that time. She had disclosed that the meeting of the farmers, who were similarly demanding money, was arranged after two days and, therefore, complainant should also attend the said meeting. That meeting was held accordingly and it was disclosed that the cheques for the compensation would be distributed to respective claimants by the end of July. Thereafter, again the complainant went to the office of accused after three days. He was shown with the list of names of farmers with the amount of compensation that would be paid to them. Accused had then asked him to form group of 5-7 persons and asked them to pay 5% of the sanctioned amount of compensation to her. She also told that if the amount is not paid then the cheques will not be given. Complainant told the said fact to other claimants standing outside and conveyed message of the accused. They decided to form one group and meet accused. Accordingly, complainant along with 5-7 persons went to the office of accused and at that time she demanded amount of Rs.39,200/- for the issuance of the cheques. She asked them to collect the amount. She assured that the amount would be credited to the account of respective claimants after they would pay her the said amount. According to complainant, nothing was due to accused from him as well as other farmers and the amount which the accused was demanding was illegal gratification. Complainant and other farmers were not ready to give bribe, hence he approached Anti-Corruption Bureau, Osmanabad and lodged complaint.

4. It is further prosecution story that after Dattatraya made complaint to Anti-Corruption Bureau, Osmanabad, two panchas were called and arrangement of raid was made. The prior formalities were completed including verification of the demand. Complainant produced amount to be given as bribe in the form of 10 currency notes of Rs.1000/- and 58 currency notes of Rs.500/-, 2 currency notes of Rs.100/- each; in all Rs.39,200/-. After giving of instructions to complainant and panchas, the police party, panchas and complainant went to the office of accused. Complainant and panch No. 1 met accused. Accused asked him as to whether he has brought the amount. When accused demanded the bribe amount again, the currency notes were offered to accused. Accused asked him to count them. Accordingly, he had counted them by his both hands. He was then asked to keep it in her purse. Complainant went outside and gave signal to the raiding party. Raiding party caught hold of accused. The tainted currency notes were found in her purse. Post-trap Panchnama was executed. Police Inspector, Mrs. Bhosale lodged First Information Report