Demand for illegal gratification is a necessary element for conviction under the Prevention of Corruption Act; mere acceptance without proven demand is insufficient.

JUDGMENT :-

1. The Appellants are convicted vide Judgment and order dated 10th April, 2000 passed by Special Judge, Pune in Special Case No. 2 of 89. The Appellant No.1 is convicted for offences punishable under Sections 161 of Indian Penal Code (for short ‘IPC’), 5(1) (d) r/w 5(2) of Prevention of Corruption Act and Digitally signed by SUNNY S AU NN KUN SY HRAO Section 218 IPC and sentenced to suffer rigorous imprisonment for ANKUSHRAO THOTE THOTE Date: 2023.05.12 16:50:55 +0530 one year on all Courts and fine of Rs.1,000/- for each offence. The Appellant No.2 is convicted for offence under Sections 161 of IPC, 5(1)(d) r/w 5(2) of Prevention of Corruption Act r/w Section 109 of IPC and and sentenced to suffer simple imprisonment for one year on both counts and to and pay fine of Rs.500/- for each offence. The Accused No.3 was acquitted of the offences punishable under Section 161 r/w Section 165(A) r/w Section 109 of IPC.

2. The case of prosecution is as under :-

i. The Accused Nos. 1 and 2 (Appellants) are public servants working in the Revenue Department in the office of District Inspector of Land Records as Survey or and Scrutiny Clerk.

ii. Bhagwan Sadu Tengle (PW-1) is the original complainant. He is an agriculturist residing at village Koyale Tarf Chakan, Tal. Khed, District Pune. The agricultural land bearing Gut Nos.1626 and 1633 belongs to joint family of complainant.

iii. The complainant and his father decided to level their lands for which they had to fix the boundaries of lands. On 15th April, 1988 the father of the complainant submitted application in the office of District Inspector of Land Records after depositing amount of Rs.750/- to survey their lands and fix boundaries.

iv. In connection with application, the complainant had been to the office of D.I.L.R. situated in Collector’s Office at Pune. The clerk in the office told complainant that the application has been assigned to surveyor Tagde (Accused No.1). The complainant met Accused No.1 and requested him to survey his lands and fix the boundaries before the rainy season.

v. In the second or third week of May in 1988, the complainant again requested Accused No.1 to survey the lands. The Accused No.1 told him that he would have to bear his expenses for tea and would be required to spend Rs.500/-. The complainant was in need of getting lands surveyed before the ensuing rainy season and so he agreed for the same.

vi. The Accused No.1 issued notices of survey measurements to the land owner and adjoining land owners. Pursuant to said notice on 28th May, 1988, Accused No.1 alongwith peon went to village Koyale and measured lands bearing Survey No.1626 and 1633 belonging to complainant. The Accused No.1 demanded an amount of Rs.500/-. The complainant gave an amount of Rs.450/- to Accused No.1.

vii. Subsequently, the complainant visited office of Accused No.1 on two to three occasions but did not meet him. On the day when the complainant met the Accused No.1, he inquired with him as to when he is going to fix boundaries of his lands. The Accused No.1 fixed the date as 24th July, 1988 for fixing boundaries of the lands. He also told complainant to get police protection. After issuing necessary notices, the Accused No.1 went to village Koyale with peon and fixed the boundaries of the land in the presence of complainant, his father, adjoining land owners, police persons and other villagers. Photographs were taken. Panchanama was prepared. After f