The main legal point established in the judgment is the requirement for clear and cogent evidence to prove the charge of demanding and accepting illegal gratification. The confusion and discrepancies in the evidence of the prosecution witnesses also influenced the court's decision.

JUDGMENT

1. The Appellant is the State of Maharashtra. This appeal is preferred under Sec. 378 (3) of Criminal Procedure Code, challenging the judgment and order dtd. 27/9/2005 passed by Special Judge, Pandharpur in Special Case No.1 of 2001 whereby respondent is acquitted for the offences punishable under Ss. 7, 13(1)(d) read with Sec. 13(2) of Prevention of Corruption Act, 1988 (for short "PC Act').

2. The case of the prosecution is as follows:-

(a) The complainant - Bhanudas Dattu Jadhav is resident of Pandharpur. He has landed property bearing Gat No.47 admeasuring 6 acre at Kasegaon. This land is irrigated through well and canal water. The complainant was cultivating the crops of sugar-cane and ground nuts.

(b) The accused is Patkari/ Distributor of canal water. He is class-IV employee, serving in Irrigation Department, Division No.2. He was initially appointed as a labourer in Bhima Patbandhare Branch No.1 vide order dtd. 20/10/1997. Thereafter, by order dtd. 17/9/1998, he was appointed at Bhima Patbandhare Branch No.2 Pandharpur.

(c) The complainant received bill of irrigation charges for an amount of Rs.2,832.00 for the year 2000. He paid the charges at canal office Kasegaon. The receipt was issued for that payment. Inspite of payment of charges, one Balu Godse and accused visited complainant's tea stall at Pandharpur and demanded the amount of Rs.5,000.00 towards irrigation charges. The complainant informs the accused and Balu Godse that he has no arrears and he has already paid Rs.2,800.00 towards charges. The accused told the complainant that he will imposed penalty of Rs.9,000.00 for the arrears and it will be recovered by executing panchnama. Balu Godse was demanding money. Ultimately, the amount was settled at Rs.4,300.00 between the complainant and the accused. It was agreed to be paid within 2 to 4 days for not charging arrears of bills to the complainant.

(d) Complainant was not satisfied with the demand from accused and he approached ACB Office at Solapur and narrated the incident to the Officer of ACB. Shri Panse Saheb (PW-6). The complainant carried with him the extract of 7/12 khata, receipt for payment of irrigation charges and ferfar. The grievance of the complainant was reduced into writing.

(e) Shri Panse Saheb called two panchas namely - Shankar Guram and Suryakant Patil in the office of ACB at Solapur. They were introduced to the complainant. The pancha asked to verify the grievance of the complainant. Accordingly, pancha verified the grievance of the complainant from him and read the contents of the complaint. The pancha also made endorsement on the complaint about verification.

(f) Complainant produced amount of Rs.4,300.00 before the ACB Office. The numbers on the currency notes were noted and written in pre trap panchanama. Panchas were instructed to search the person of the complainant. Anthracene powder was applied to the currency notes.

(g) Trap was arranged. Instructions were given to members of raiding party. Complainant was instructed that Pancha No. 1 would remain with him and he should not touch the currency notes till bribe is demanded by the accused. He was also instructed that he should have open talk with the accused so that the accused would demand money. He was instructed not to pay the amount unless demanded by accused. He was also instructed to give signal to the raiding party as soon as the accused accepts the currency notes.

(h) Pancha No.1 was instructed to accompany the complainant and to watch the conversation between the complainant and the accused and the activities of the accused if required. Pancha No.2 was instructed to remain with raiding party and on received the signal from the complainant, he should go to the spot of trap.

(i) Shri Panase Saheb, the members of staff, Panchas and the complainant along with required articles provided from Solapur to Pandharpur after executing pre-trap panchanma. They reached Pandharpur at about 3.45 p.m..

(j) Complainant and Pancha No.1