1 Cri.Appeal 530-1993 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.530 OF 1993 Ashok Shamrao Patil ..Appellant Age : 42 years, Occu : Service Residing at Bisur, Taluka : Miraj, District : Sangli. V/s. The State of Maharashtra ..Respondent (Through Complainant Shashikant Govind Deval, residing at Miraj, District : Sangli). Mr.Niteen Pradhan i/b. Smt.S.D.Khot, Advocate, for the Appellant Mrs.R.V.Newton, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 9TH MARCH, 2011 ORAL JUDGMENT . This Appeal is directed against conviction of the appellant by the learned Special judge, Sangli for the offences punishable Section 161 of the Indian Penal Code, Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 and sentence to suffer simple imprisonment for six 2 Cri.Appeal 530-1993 months with a fine of Rs.500/- and rigorous imprisonment for one year with a fine of Rs. 500/- in default simple imprisonment for one month and rigorous imprisonment for one month respectively imposed on the two counts. 2. Facts which are material for deciding this Appeal are as under :- The Complainant Shashikant Deval was engaging agricultural labourers on his farm and therefore, believed that he was required to maintain register of wages paid to his labourers as well as a muster roll. Appellant Ashok Patil was working as Minimum Wages Inspector in the office of the Assistant Commissioner (Labour), Sangli. Shashikant Deval received a notice in December, 1987 asking him to remain present in the office of the appellant. On 10th December, 1987 and 31st December, 1987 along with registers maintained by him Shashikant and one Khobare approached the appellant. They showed the registers and 3 Cri.Appeal 530-1993 the appellant expressed dissatisfaction about those registers. The first informant and Mr.Khobare claimed to have requested the appellant to settle the matter and then the appellant demanded a sum of Rs.100/- from them. The first informant is alleged to have received Rs.10/- from Shashikant Deval and Rs. 50/- from Mr.Khobare and sorted out the matter of Mr.Khobare. The appellant told Deval to bring Rs.100/- within a period of 15 days. The first informant again received a notice on 21st December, 1987 asking the first informant to remain present in appellant's office. The first informant then approached Anti Corruption Bureau on 7th January, 1988 and gave the information about demand to the officer of the Bureau. His complaint was recorded and panchas were summoned. A pre-trap panchanama was performed and then the first informant Deval was asked to go to the office of the appellant and pay the bribe amount which has been coated with Anthracene powder, after the 4 Cri.Appeal 530-1993 demand was made. The first informant Deval was accompanied by panch Bhaskar Kamble. After the appellant allegedly made a demand, the amount was paid to the appellant. Deval gave pre-determined signal, the raiding party swooped and the tainted money was recovered from the pocket of the appellant. The notes as well as appellant's hands were examined in ultraviolet light and were found to glow. A post trap panchanama was drawn up. An offence was registered and on completion of investigation, the entire papers of investigation were sent to the sanctioning authority, the Commissioner of Labour, who accorded sanction to prosecute the appellant. Upon receipt of sanction, the charge sheet was sent. 3. Charge of the offences punishable under Section 161 of the Indian Penal Code, and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 was 5 Cri.Appeal 530-1993 framed against the appellant. The appellant pleaded not guilty and hence, was put on trial, at which the prosecution has examined in all four witnesses in its attempt to bring home guilt of the appellant. After considering the evidence of the prosecution witnesses in the light of defence raised, the learned Special Judge came to convict and sentence the appellant as mentioned earlier. Aggrieved thereby, the appellant has preferred this Appeal. 4. I have heard the learned Counsel for the appellant and the learned APP for the respondent  State. With the help of both the learned Counsel I have gone through the record. In this case, the Complainant Shashikant Deval had resiled from his complaint as well as earlier statements. His entire testimony would show that there was absolutely no demand from the appellant. Deval had imagined that if he paid bribe of 6 Cri.Appeal 530-1993 Rs.50/- per case i.e.Rs.100/- for himself and his father, the appellant would settle the matter, since the appellant has allegedly received Rs.50/- from one Mr.Khobare. Said Mr.Khobare was not examined. P.W.1 Shashikant Deval was categorical that the appellant had not demanded any bribe from him, but he had included such recitals in the complaint Exhibit No.18 made to the Anti Corruption Bureau, since without such recitals the matter would not have proceeded further. 5. In spite of the fact that the first informant had resiled from his version before the investigating officer, his testimony was completed on 26th July, 1993 without declaring him hostile. Only on the next date i.e. 27th July, 1993 it dawned upon the prosecution that the first informant had refiled from his statements hence, leave of the Court was sought to re-call the witnesses which was refused. The sum and substance of all this is 7 Cri.Appeal 530-1993 that P.W.1 Shashikant Deval does not speak of any demand being made by the appellant. Deval states that he had suggested to the appellant to go to the hotel for taking tea that the appellant should settle the matter by receiving Rs.50/- each for himself and his father and that the appellant had left the hotel without saying anything to him. According to Deval, he then tried to give money in the office, and Deval claims to have placed the notes on the palm of the appellant. Thus, Deval's evidence would rule out any demand and would be indicative of a bribe Rs. 100/- having been voluntarily paid to the appellant. 6. The learned APP is right in submitting that even without support from the evidence of the Complainant, demand and acceptance of bribe could be proved and therefore, wanted to rely on the evidence of P.W.2 Bhaskar Kamble, the panch. Bhaskar Kamble stated in para 11 8 Cri.Appeal 530-1993 of his deposition that no talk about payment of cash took place in the hotel where they took tea. His statement recorded verbatim in post trap panchanama at Exhibit No.22/1 shows that the appellant, Complainant and panchas took tea and then the appellant asked Deval to pay Rs.50/- for himself and Rs.50/- for his father for doing their work and thereafter, they came out of the hotel. This is exactly opposite of what was stated in the deposition in the Court and therefore, the testimony of this witness Bhaskar Kamble should not have been relied on the by the learned Trial Judge on the point of demand. As far as mere payment of money is concerned, in the absence of demand probability of amount having been pushed without the appellant's connivance would be open. In view of this, conviction of the appellant for the offences punishable under Section 161 of the Indian Penal Code, and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 cannot 9 Cri.Appeal 530-1993 at all be sustained. 7. Criminal Appeal is, therefore, allowed. Conviction of the appellant for the aforesaid offences and sentence imposed upon the appellant is quashed and set aside. (R.C.CHAVAN, J.)