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HIGH COURT OF BOMBAY
PRAKASH D. NAIK, J
Anil Krishnarao Apashingkar – Appellant
Versus
The State of Maharashtra – Respondent
CRIMINAL APPEAL NO.793 OF 2013 | Special Sessions Case No. 15 of 2010
For the Appellants/Petitioners: Mr. Satyavrat P. Joshi
For the Respondents: Mrs. A. A. Takalkar, APP
The failure of the prosecution to prove the demand for bribes beyond a reasonable doubt resulted in the acquittal of the appellant under the Prevention of Corruption Act.
Headnote:(A) Prevention of Corruption Act, 1988 - Sections 7, 13(1)(d), 13(2) - Conviction under the Act challenged - The appellant was sentenced to imprisonment and fines for demanding bribes in connection with electricity connection application - Prosecution failed to establish case beyond reasonable doubt, demonstrated by inconsistencies in witness testimonies and evidence regarding demand - Notably, complainant admitted to not visiting the office on the complaint date and the key conversation was not recorded owing to tape recorder malfunction - Validity of sanction was also questioned as it lacked proper authority - (Paras 14, 15, 16)
(B) Presumption of guilt - Requirement of demand of bribe distinctly established as a precondition for offense under the Act - Without validated demand and clear evidence, the charges cannot sustain. (Paras 14, 15)
Facts of the case:
The appellant was convicted for demanding and accepting bribes related to an electrical connection sought by the complainant, which included demanding a sum inappropriately while allegedly being unable to act on the application.
Findings of Court:
Evidence of witnesses was inconsistent, and the demand verification process was doubted concerning its authenticity, primarily focusing on inadequacies in audio evidence.
Issues: Determination of proven demand for bribe and validity of witness statements leading to conviction.
Ratio Decidendi: The court held that the prosecution failed to prove essential elements of corruption as established under the Act and reinforced the importance of evidentiary standards in bribe cases.
Result: Appeal allowed; conviction and sentence set aside.
1. This appeal is preferred under Section 374 of Cr.P.C., challenging the Judgment and order dated 20th June, 2013 passed by the learned Special Judge and Additional Sessions Judge, Vaduj in Special Sessions Case No. 15 of 2010. The appellant is convicted for offence punishable under Section 7 of Prevention of Corruption Act, 1988 , (hereinafter referred to as “PC Act”) and sentenced to suffer simple imprisonment for two years and to pay fine of Rs.3,000/-. In default of payment of fine he was sentenced to undergo simple imprisonment for two months. The appellant is also convicted for offence under Section 13 (1)(d) of PC Act punishable under Section 13 (2) of PC Act and sentenced to suffer simple imprisonment for three years and to pay fine of Rs.5,000/-. In default of payment of fine he was directed to undergo simple imprisonment for 6 months.
2. The prosecution case can be briefly narrated as under:-
a) Complainant Jagannath Rajaram Mane is the resident of Rajache-Kurle, Taluka Khatav, Dist. Satara. He owns and possesses agricultural land bearing Gat No. 874 with a well situated therein. In 2001 he applied for electric connection to his well for operating electric motor. The application was submitted to M.S.E.D.C.L. at Pusesavali.
b) The complainant was working in Police department. He retired in November, 2009. He started cultivating his agricultural land.
c) On 3rd April, 2010, the complainant visited office of M.S.E.D.C.L. for inquiry about his application for electric connection. Accused was working as Sub-Engineer in the said office. The accused gave challan and informed the complainant to deposit Rs.2,900/- in the office of M.S.E.D.C.L. at Aundh.
d) Complainant deposited Rs. 2,885/- in the office of M.S.E.D.C.L. at Aundh on 12th April, 2010. Thereafter, he contacted accused in his office and showed him the receipt of deposit. The complainant requested the accused for granting electric connection immediately. Accused demanded Rs.15,000/- as bribe. The accused informed complainant to shift the electric poles kept in the vicinity of Vadgaon High school and install them in his field for getting electric connection. The complainant shifted electric poles to his field and informed about it to the accused. The electric poles were erected at the instance of the accused in the field of complainant on 14th May, 2010.
e) On 16th May, 2010, the complainant informed the accused that the poles were erected in his field. The accused informed the complainant to visit his office with amount of Rs.15,000/- on 20th May, 2010. The complainant was reluctant to pay the said amount. He approached Anti-Corruption Bureau, (for short “ACB”) Satara. Complaint was lodged with ACB. It was decided to lay trap.
f) On 20th May, 2010, panch witnesses were summoned by Dy.S.P. Shri. Borate. The complainant was introduced to panch witnesses. It was decided to verify the demand made by the accused with complainant. The raiding party went to Aundh rest house. Dy.S.P. Shri. Borate carried with him tape recorder and other articles.Instructions were given to the complainant. They reached the guest house at about 13.00 hours. Complainant was instructed to record conversation between him and accused in the tape recorder and panch No.1-Dr. Hendre was instructed to hear the conversation.
g) Complainant and panch No.1 proceeded towards M.S.E.D.C.L. office At Pusesavali. Accused was not present in the office. He arrived in the office at about 2.30 p.m. The complainant and panch met the accused in his office. Accused reiterated his demand of Rs.15,000/- with complainant. The amount was negotiated to the sum of Rs. 14,000/-. Complainant told the accused that he would come in the office after some time for making payment. The aforesaid conversation was made in the presence of panch No.1 Dr. Hendre. Complainant and Dr. Hendre came to S.T. stand where the vehicle was parked. Complainant handed over the tape recorder to Investigating Officer Shri. Borate. They returned to Aun
