Proof of demand and acceptance of bribe is essential for conviction under the Prevention of Corruption Act; mere possession of money is insufficient.

JUDGEMENT

.....2/- 2024:BHC-NAG:7718 . By this appeal, appellant Ramchandra s/o Amrutrao Niwane (the accused) has challenged judgment and order of conviction and sentence dated 9.9.2005 passed by learned Special Judge, Achalpur (learned Judge of the trial court) in Special Case (ACB) No.23/1999 whereby he is convicted for offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (the said Act) and sentenced to suffer rigorous imprisonment for two years and to pay fine Rs.1000/-, in default, to undergo simple imprisonment for one month. He is further convicted for offence punishable under Section 13(2) of the said Act and sentenced to suffer rigorous imprisonment for two years and to pay fine Rs.1000/-, in default, to undergo simple imprisonment for one month. Learned Judge of the trial court directed that all sentences imposed upon the accused shall run concurrently and also he is given set-off under Section 428 of the Code of Criminal Procedure since he was in jail.

.....3/- . During pendency of the appeal, the accused died and his legal heirs were brought on record to proceed further with the appeal.

3. Brief facts of the prosecution case are as under: In the year 1999, the accused was serving as Talathi at village Eklara. Gajanan Bhimrao Kakde (the complainant) is villager of the said village and having land property survey No.173 at village Eklara admeasuring 9H 85R. The original owner of the said land was his great-grandfather. After death of grandfather in the year 1989, he was cultivating the land along with his grandmother Narmadabai. After the death of his grandfather, his grandmother Narmadabai intended to give the said field to her daughter Shalini Misal. She filed a civil suit against him in the court at Daryapur. Against the order of injunction, he preferred an appeal and, thereafter, in the year 1997-1998, the accused came to Eklara as Talathi. He had removed name of his mother from 7/12 extract and, therefore, he filed an application for correction of crop statement. He requested the accused to record the name of his mother to the crop statement as his mother is cultivating the land .....4/- and in possession of the land. However, the accused demanded amount Rs.5000/- for recording name of his mother in crop statement of the said field. On 4.1.1999, he met the accused and requested him to reduce the amount, but the accused was not ready for the same. The accused had taken amount Rs.1000/from him and asked him to pay Rs.4000/-. As he was not willing to pay the amount, he approached the office of the Anti Corruption Bureau (the bureau) and lodged a report.

4. After receipt of the report, the office of the bureau called two panchas. In presence of panchas, the complainant narrated the incident which was verified by panchas from the complaint. After following a due procedure, it was decided to lay a trap. The office of the bureau obtained 40 currency notes of Rs.100/- from the complainant. Demonstration as to anthracene powder and ultra violet lamp was shown to them. The said powder was applied on tainted notes and kept with the complainant. The complainant, pancha No.1 Punjab Gondane and pancha No.2 Ashok More were instructed. As per instructions, pancha No.1 Panjabrao Gondane was to remain along with the complainant and .....5/- to observe events. Accordingly, pre-trap panchanama was drawn. After the pre-trap panchanama, the complainant and pancha No.1 Punjab Gondane proceeded towards the office of the accused. After reaching the office, the complainant came to know that the accused went to his house and, therefore, he went to the house of the accused. During communication with the accused, the accused demanded the amount and the complainant handed over the same and gave a predetermined signal to the raiding party. The amount was recovered from him. Accordingly, post-trap panchanama was drawn. Pancha No.1 Punjab Gondane disclosed as to the demand and acceptance. The officer of the bureau lodged repo