The main legal point established in the judgment is the requirement to prove the demand and acceptance of illegal gratification beyond reasonable doubt, and the permissibility of drawing inferential deductions of culpability based on other evidence adduced by the prosecution, including circumstantial evidence.

JUDGMENT :

1. Appellant has challenged the Judgment and Order dated 12th January 2007 passed by Special Judge (Anti Corruption), Nashik in Special Case (ACB) No.9 of 2000 convicting the Appellant for the offences under Sections 7, 13(1)(d) r/w Section 13(2) of Prevention of Corruption Act (`P.C Act’). For the offence punishable u/s.7 of P.C.Act, Appellant is sentenced to suffer imprisonment for six months and to pay fine of Rs.1,000/- For rest of the offences punishable u/s.13(1)(d) r/w 13(2) of P.C Act, Appellant is sentenced to suffer imprisonment for one year and to pay fine of Rs.1,000/-. Both the sentences were directed to run concurrently.

2. The case of prosecution is as follows :-

(a) The complainant Kailas Bhaskar Khairnar is resident of Bhagur, District Nashik. He owns land on Plot No.15 out of Survey No.41/2/2(b) in joint ownership with his father. The land was purchased from one Prakash Khairnar on 10th June 1999 by registered sale deed;

(b) The complainant submitted an application to Talathi of Village Bhagur through his advocate for mutation of their names. The complainant visited office of Talathi to pursue his application. Appellant was working as Talathi in the said office. The complainant requested him to take mutation of his name in the revenue record and issue 7/12 extract to that effect;

(c) The complainant again visited the office of Talathi on 1st March 2000. Appellant was present in his office. Complainant requested him to take mutation of his name to the revenue record and issue 7/12 extract. Appellant demanded Rs.500/- for mutation of his name in 7/12 extract. The complainant told him that he is having Rs.200/- on that day. Amount of Rs.200/- was parted to the accused. Accused then told to bring the balance amount of Rs.300/- on 3rd Monday of the said month;

(d) The complainant approached the office of Anti Corruption Bureau and lodged complaint on 3rd March 2000. PW-4 was present in the office of ACB. Complaint was recorded. Panch witnesses were called. Complainant was introduced to panch witnesses. The facts of complaint were narrated to panch witnesses. The complainant produced two currency notes of Rs.100/- and two currency notes of Rs.50/-. Arrangement was made for conducting raid. Instructions were given to the panch witnesses and the complainant. Anthracene powder was applied to the currency notes. The currency notes were handed over to the complainant;

(e) On 3rd March 2000 the complainant, panch witnesses and raiding party proceeded towards office of Talathi. Panch no.1 and complainant were instructed to proceed ahead in the office of Talathi with instructions;

(f) On entering the office of Talathi, complainant asked him as to whether he has done his work. The accused asked the complainant whether he has brought the amount as per his direction. Complainant told him that he has brought the amount of Rs.300/-. Accused told him that he has prepared 7/12 extract and he would hand over it to him. The extract was taken in custody by complainant and kept it in his pocket. Thereafter accused stated that he has done his work and amount be handed over to him. The complainant took out the currency notes from his shirt pocket and gave it to the accused, however, he requested the accused to reduce the amount. The amount was counted. One note of Rs.50/- was handed over to the complainant. Signal was given to the raiding party. The accused was apprehended. Currency notes were seized. Further procedure was completed. Panchanama was recorded. On completing investigation charge sheet was filed.

3. Charge was framed against accused vide order dated 10th July 2006. Pursuant to the order framing charge, prosecution examined four witnesses. PW-1 Kailas Bhaskar Khairnar is the original complainant. PW-2 Vasudev Yeshwant Chandras is the panch witness. PW-3 Pravin J. Shinde is the Deputy Collector/Sanctioning Authority. PW-4 Prabhakar P. Shelke is the Investigating Officer. Statement of accused was recorded u/s.313 of Code of