Evidence of demand and acceptance is crucial for conviction in corruption cases; mere recovery of money is insufficient without proof of illegal gratification.

JUDGMENT :

Urmila Joshi-Phalke, J. - The appellant (accused) has challenged judgment and order of conviction and sentence dated 23.3.2005 passed by learned Special Judge, under the Prevention of Corruption Act, 1988, (learned Judge of the trial court), Nagpur in Special Criminal Case No.8/1998.

2. By the said judgment and order of conviction impugned, learned Judge of the trial court convicted the accused for offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (the said Act) and sentenced him to suffer simple imprisonment for six months and to pay fine Rs. 300/-, in default, to suffer simple imprisonment for fifteen days.

The accused is further convicted for offence punishable under Section 13 (1)(d) read with Section 13 (2) of the said Act and sentenced him to suffer simple imprisonment for one year and to pay fine Rs. 300/-, in default, to suffer simple imprisonment for fifteen days.

Learned judge of the trial court directed that all the sentences shall run concurrently.

3. Facts of the prosecution case in brief, emerge from recorded evidence adduced, are as under:

The accused at the material time was working as Assistant Sub Inspector at Police Station Andhalgaon, taluka Mohadi, district Bhandara Police Station. Complainant Ramesh Bhonde, resident of village Dongargaon, taluka Mohadi, district Bhandara, is cobbler by profession.

4. As per the complainant, he owned two she-buffaloes and one of them died on 23.2.1998. He informed the said fact to bank and insurance company as he had purchased the she-buffaloes by obtaining loan. Accordingly, a veterinary doctor visited his house and inspected dead she-buffalo and directed him to dispose of the dead she-buffalo. As the complainant is cobbler by profession, peeled of skin and disposed of the said animal. On 24.2.1998, Sarpanch, Police Patil, and residents of village Dongargaon reported the incident against the complainant at Police Station Andhalgaon on an allegation that the complainant has thrown useless part of the dead animal near grampanchayat due to which entire village got polluted. After receipt of the complaint, the accused, who was Investigating officer, visited village Dongargaon for enquiry and the complainant was called in grampanchayat office wherein his statement was recorded. The accused had called the complainant at the police station on next day i.e. 26.2.1998. Accordingly, the complainant visited the police station and it was informed him that action would be taken against him by putting him behind the bars and, therefore, he requested the accused not to take action against him. It is alleged that for not taking action against him, the accused demanded Rs. 1000/- from him. The complainant requested to reduce the amount and the accused agreed to accept Rs. 500/-. The complainant was called along with the money and, therefore, he approached the office of the Anti Corruption Bureau on 2.3.1998 as he was not willing to pay the amount and lodged the report.

5. After receipt of the report, the officers of the Anti Corruption Bureau called two panchas. The panchas put their signatures on the complaint. After following due procedure, it was decided to conduct a raid and the panchas and the complainant were called on 3.3.1998. The complainant produced 5 currency notes of Rs. 100/- denomination and numbers of the currencies were noted. A demonstra