Case: Nayankumar Shivappa Waghmare Vs. State of Maharashtra

3. According to prosecution, the appellant was working in the finance Section of Zilla parishad, Osmanabad. He was handling the cases of general Provident (GPF) and pension cases handling the cases of staff.Mirabai N. Deshhpande, who served as Chief Sevika with the Integrated Child Development Scheme at Bhoom, opted for her voluntary retirement due to her physical ailments, in July, 1992. She submitted her pension papers. She was issueless widow. Her brotherAnant Deshmukh, who was anwas requested by her to pursue her papers. He used to work with a private company in Pune.Anant Deshmukh, between November, 1992 to January, 1993, went several times to the office of Zilla Parishad to make enquiries regarding herpension and GPF papers. The appellant, who was working in said office, told him that the pension papers were searched but could not be located. On this,went to Bhoom and obtained outward number of forwarding letter addressed to Zilla Parishad, Osmanabad along with which the pension papers of Mirabai were sent. Thereafter, pension and GPF papers were located, and the appellant toldAnant Deshmukh (complainant) to obtain ‘No Duesfrom Block Development Officer, Panchayat Samiti, Bhoom. He also disclosed the complainant that there was missing entry in respect of yearin the GPF statement. On this, the complainant brought letter of her sister stating that she was ready to accept the amount of GPF excluding the missing credits of the yearfrom the Block Development Officer was also obtained, and submitted to the office of the Zilla Parishad. When again contacted, the Appellant told Anant Deshmukh that GPF clearance would require furthermonths, but if the complainant pays Rs. 1,000/to him, it can be done withindays. Reluctantly, Anant Deshmukh gave Rs. 200/to the appllent, who asked him to contact afterdays with rest of the amount. On 30.1.1993, complainant met the appellant Nayankumar Shivappa Waghmare (accused) at 10.45 a.m. The appellant told him that the work has progressed, and papers are lying for signatures of the authority concerned, and asked him to come at 2.303.00 p.m with balance amount. The complainant told that he could arrange Rs. 300/only and remaining Rs 500/be allowed to be paid when the GPF amount is encashed. The appellant asked the complainant that further Rs.1,000/would be required separately for Person work which would take aboutmonths the On this, complainantAnant Deshmukh went to Anti Corruption Bureau and metP.I. Nandkumar Gadade, and complained about the corruption.got the complaint reduced into writing whereafter panch witnesses, namely,Uttam Bhutekar andSahebrao Wanve called from the Irrigation office. The written complaint was read over to the witnesses in the presence of Anant Deshmukh. A trap was laid by team led by Deputy Superintendent of Police Mr. Shetkar to apprehend the appellant on the same day as the appellant had asked the complainant to come with money in the afternoon. After applying anthracene powder in the three currency notes which were to be handed over by the complainant to theappellant, and preparing panchnama to this effect, as per the planAnant Deshmukh went to the office of Zilla Parishad along with witnessesUttam Bhutekar andSahebrao Wanve. Bhutekar was asked to remainpresent with Anant Deshmukh during the conversation between him are the accused. Wanve was to follow the three from some distance. When the complainant reached Zilla Parishad Office, the appellant asked him to come out and both of them with Bhutekar went to nearby tea stall.Sahebrao Wanve andUttam Bhutekar took the tea and Deshmukh made the payment for it. Thereafter, Deshmukh handed over tainted currency notes to the appellant which he accepted with his right hand and inserted the notes with left hand in his pocket. As per the plan Deshmukh signaled the raiding party by moving his hand on the head. The raiding party immediately rushed and caught hold of both the hands of the appellant and in the presence of the witnesses hands of the appellant were seen in the light of ultra violet lamp and found that the hands showed bluish sparkle due to the anthracene powder with which currency notes were tainted. Three currency notes ofbearinq Nos. 5BQ 075977, 9CA 767761 and OPN 648332, accepted by the appellant were seized by trap/raiding police party and a panchnama was prepared A complaint (Ex. 41) was made byP.l. Gadade and First Information Report was lodged. After investigation, all the relevant papers were submitted before the Chief Executive Officer of Zilla Parishad for sanction for prosecution of the appellant, and the same was obtained against the accused andwas submitted in respect of offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.4. It appears that after hearing the parties, the trial Court framed charge against Nayankumar Shivappa Waghmare in respect of offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, on 15.3.1996, to which he pleaded not5. On this, prosecution got examinedUttam Bhutekar (panch witness),Bhimrao (Junior Assistant in Zilla Parishad),Sahebrao Wanve (Panch witness),Nagnath (all three officials of Zilla Parishad),Rajiv (Chief Executive Officer of Zilla Parishad),Baburao (Chief Accountant),Anant Deshmukh (complainant),Mirabai (pensioner whose GPF papers were processed),Ramdas (police Head Constable) andP.l. Nandkumar Qadade (head of the raiding party). Oral testimony of the witnesses and documentary evidence was put to the accused, in reply to which he admitted that Mirabai N. Deshpandedid seek voluntary retirement and the fact that on the request of complainant, pension papers of Mirabai were searched. However, as to the rest of evidence regarding demand and acceptance of bribe, the accused stated that the same was not true. No evidence in defence was adduced.6. The trial Court, after considering the evidence on record and submissions of the parties, acquitted the accused (Nayankumar Shivappa Waghmare) from the charge of offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 vide judgment and order dated 18.1.1997, holding that the charge is not proved beyond reasonable doubt.7. State of Maharashtra challenged the order passed by the trial Court recording acquittal of the accused, before the High Court. The High Court, after hearing the parties, came to the conclusion that the trial Court has erred in law in acquitting the accused giving him benefit of doubt. It held that the charge is proved on the record against, the accused Nayankumar Shivappa Waghmare and convicted and sentenced him under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, to rigorous imprisonment for a period of one year and directed to pay fine of Rs.and in default of payment of fine the convict was directed to undergo rigorous imprisonment for a further period of six months. Hence this appeal by the convict.8. On perusal, of the evidence we find thatAnant Deshmukh has stated thatMirabaiwas his elder sister who sought voluntary retirement on 15.7.1992 on account of her illness. She was an issueless widow. It was further stated by this witness that Mirabai used to live with him, and she asked him to pursue her pension papers and amount relating to her GPF dues. The witness further told that from November, 1992 he started making enquiries from the office of Zilla Parishad, Osmanabad regarding thedues of his sister. He narrated in detail as to his meetings with the appellant who used to work in the office of Zilla Parishad. He further told that on being asked he obtained No Dues Certificate from the office of Block Development Officer, and letter from his sister regarding her readiness to accept the amount of GPF without contribution of the year9 further told that Rs.1,000/were demanded by the accused (appellant) for clearance of amount of GPF. He also stated mat he gave Rs. 200/to the accused, and for rest of the sum it was agreed that the same would be paid after a week. The witness further narrated that on 30.1.1993 when he again went to the office of Zilla Parishad, he was asked to come again around 3.00 p.m. with balance Rs.and he was further told that Rs.1000/would be separately required for clearance of pension papers which would take another two to three months.Anant Deshmukh further stated that, on this, he went to Anti Corruption Bureau and made a complaint. He further told that he came along with panch witnesses and vigilance team, and trap was laid. He further told that he gave Rs. 300/to the accused after having tea in the nearby, tea stall on which trap party apprehended and recovered amount from the accused. However, at the end of thethis witness stated that the accused did not demand the amount.9. The statement ofAriant Deshmukh, as recorded in theregarding the payment of bribe and recovery of three currency notes, is fully corroborated from the statements ofUttam Bhutekar andSahebrao Wanve. The prosecution story is further corroborated from the statements ofP.I. Nandkumar Gadade.10. The oral testimony of above witnesses gets further corroboration also from the panchnama (Ex. 22), complaint (Ex. 23), second panchnama (Ex. 24) and other papers on record.

Reasoning:
12. The above argument advanced on behalf of the appellant, in the Present case is misconceived for the reason that if the same is accepted, there cannot be any case where appeal against acquittal can be allowed, and the error committed by the trial Court can beperusal of the imouoned judgment shows that after discussing the evidence on record, the High Court has come to a definite conclusion that the trial Court has erred in law in coming to the conclusion that the charge in respect of offence Punishable undeletions 7 and 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988 is established. The High Court has clearly held that the trial Court erred in law in giving benefit of reasonable doubt to the accused in the present case. After going through the evidence on record we are also of the opinion that it is not a case where two views are possible. As such, we do not find any illegality in the impugned order reversing the order of acquittal recorded by the trial Court.In our opinion, considering the fact that the statement of the key witnessAnant Deshmukh was recorded almost after three years of the incident, and thewas not done on the same day when thewas recorded, there was every reason to believe that the witness had lost the interest and won over by the accused.In this connection we agree with the High Court that the trial Court while appreciating the prosecution evidence completely ignored the presumption required to be taken under(1) of Section 20 of the Prevention of Corruption Act, 1988.For the reasons, as discussed above, after going through the record of the case, and considering the rival submissions of learned Counsel for the parties, we find no reasons to interfere with the impugned order passed by the High Court convicting and sentencing the appellant under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. Therefore, the appeal is liable to be dismissed.