Criminal Appeal No. 749 of 2024 · Bombaybench High Court · 2025
Case Details
2025:BHC-AUG:6414 749-24-APEAL.odt {1}IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPEAL NO.749 OF 2024WITHCRIMINAL APPLICATION NO.3771 OF 2024 IN CRIMINAL APPLICATION NO.3461 OF 2024IN CRIMINAL APPEAL NO. 749 OF 2024Smt. Sunita Dattatray Gopewad,Age: 35 years, Occu.: Service,R/o. Rahim Colony, Himayatnagar,Tq. Himayatnagar, Dist. Nanded.… AppellantsVersusThe State of MaharashtraThrough Police Station Himayatnagar,Tq. Himayatnagar, Dist. Nanded.… Respondent......Mr. C.D. Biradar, Advocate for AppellantMr. P.K. Lakhotiya, APP for Respondent – State......CORAM : ABHAY S. WAGHWASE, J. RESERVED ON: 14 FEBRUARY 2025PRONOUNCED ON: 06 MARCH 2025JUDGMENT :-1.In this appeal, the appellant takes exception to thejudgment and order dated 31.07.2024 passed by the learnedAdditional Sessions Judge-1, Bhokar, in Special ACB Case No.02of 2016, thereby recording guilt and convicting the appellant foroffences under Sections 7 and 13(1)(d) of the Prevention ofCorruption Act. 749-24-APEAL.odt {2}PROSECUTION CASE IN BRIEF 1.Prosecution case in nutshell is that, PW-1, an agriculturistwas in need to borrow crop loan, and accordingly on26.05.2016, had approached present appellant at Tahsil office,for issuing copies of mutation entry. Appellant allegedly askedhim to bring Rs.200/-. Not willing to comply, PW1-informantlodged report with Anti Corruption Bureau vide Exhibit-26.PW4-Investigating Officer, summoned PW2 pancha and gavethem necessary instructions. He also gave voice recorder inpossession of complainant and they both were made to approachappellant and to record the conversation. When PW1-complainant and PW-2-shadow pancha both together visited theTahsil office, that time appellant demanded money, and it wasassured to be paid at later point of time. Thereafter,Investigation Officer planed raid, handed over tainted currency,and both, PW1-complainant and PW2-shadow pancha, againvisited Tahsil office on 30.05.2016. There, demand was madeand tainted currency was handed over and it was accepted andnecessary signal was relayed. Appellant was apprehended.Again, PW4 lodged report and carried out investigation afterobtaining sanction.
Legal Reasoning
749-24-APEAL.odt {3}2.The case was committed for trial. On appreciation ofevidence, learned trial Judge recorded above conviction. Thesame is now taken exception to, by filing instant appeal. SUBMISSIONSOn behalf of appellants :3.Learned counsel for appellant-accused pleaded innocenceand false implication. That, amount demanded was towardscharges of copies and there was no demand of illegalgratification. That, initially sanction was not granted. That, thereis no forensic report about voice sample. Further, learnedcounsel submits that, even otherwise, demand being of onlyRupees Two Hundred, doctrine of triviality comes into play.Furthermore, there are contradictions between testimony ofcomplainant and shadow pancha. That, specific grounds to thatextent are raised in the appeal memo, more particularly, groundNos. (x), (xvi) and (xviii). According to him, the case was notproved beyond reasonable doubt and thus he prays thatappellant being a lady, deserves to be acquitted by allowing theappeal.On behalf of State :4.In answer to above, learned APP submitted that there was 749-24-APEAL.odt {4}demand of illegal gratification. That, prompt complaint waslodged. That, verification was done, trap was laid and it wassuccessful, during which there was demand as well asacceptance. Therefore, all necessary ingredients for attractingthe charges being available, according to learned APP, there is noinfirmity in the findings and conclusion reached by the learnedtrial Court. STATUS AND ROLE OF PROSECUTION WITNESSES5.In support of its case, prosecution has examined as many as six witnesses. The sum and substance of their evidence is as under :PW1 Madhav Rajaram Thote, is the informant. He deposed atExhibit 25 as under:“On 26-05-2016 I had given a complaint to ACB office,Nanded. I have 3 acres 7 gunthas agricultural land bearing gutno.225. 1 used to take crop loan every year and I want to takethe said crop loan from State Bank of India branchHimayatnagar. For the crop loan I was needed a copy ofmutation entry. Thereafter I had been to Tahsil officeHimayatnagar and given 7/12 extract and holding of my landto clerk Gopewad madam. I requested her to give me urgentcopy then Gopewad madam told me to wait out of office. Afterten minutes I again approached her and then again she toldme to wait for some time. After ten minutes I againapproached her then Gopewad madam became angry and sheshown two fingers and demanded me Rs. 200/-. She told methat she will give me a copy under the arch of temple onKinwat road near the gate of Tahsil office. Thereafter I had notbeen approached to Gopewad madam on that day. Thereafter Iimmediately went to Nanded and by going in ACB office givencomplaint against Gopewad madam. Complaint is now shown 749-24-APEAL.odt {5}to the witness, it is in my handwriting, it is the same. It bearsmy signature. Its contents are true and correct. It is marked asExh. 26.2.On 26-05-2016 at about 5.30 p.m I had been to ACBoffice, Nanded. I met Shri Pedgaonkar ACB officer and oneconstable. Thereafter they called two persons to act as panchwitnesses. One madam and one person came there. ThereafterI have given written complaint. ACB officer Pedgaonkar toldme I have to remain present at 7.00 a.m on 27-05-2016.Therefore I made halt at Nanded and approached in ACBoffice on 27.05.2016 at 7.00 a.m. At about 7.45 a.m wedeparts from ACB office and at about 11.00 a.m we reachednear railway gate Himayatnagar and we stopped there. ACBofficer Pedgaonkar gave instructed me and panch no.1 and 2to go with me. Karnewar, Bhatt madam, Gajulwar Policeconstable I myself instructed to go to office of the accused andto meet Gopewad madam. Gajulwar kept voice recorder to mybaniyan pocket for recording by switch on. At that timeGopewad madam was not present office. We made inquiry ofGopewad about her presence with another madam. She toldthat Gopewad had gone for training and she was not comingon that day. Therefore we returned back near railway gateHimayatnagar. Gajulwar removed digital voice recorder frommy pocket and digital voice recorder was played and recordingwas heard by witnesses. Again I was called by ACB.3.On 30.05.2016 I came to Railway gate Himayatnagar.ACB office Pedgaonkar given instructions to go with Karnewarand if the accused has demanded bribe then I should not givethe amount but tell her that I will give the bribe after sometime. Digital voice recorded was switched on and kept in myBaniyan packet by Shri. Gajurwar. Myself and Karnewarproceeded to Tahsil office and Gajulwar stopped just awayfrom Tahsil. Myself and Karnewar entered into the office ofaccused and accused present in the office. I asked the accused 749-24-APEAL.odt {6}whether my work of mutation entries has been completed. Sheasked me as I had agreed to come on 25th but did not come.Then I told her that due ill health I went to my native. Accusedtold me that six rupees each in all I have to pay Rs.120/-. Atthat time I told her that I have no money I will pay later on.The accused told me that I have to pay the amount of Rs.120/-to take my documents. Thereafter, I return back where thepolice jeep parked. The recording machine was switched onand Pedgaonkar Saheb heard the recording. The ACB officerapplied anthracene powder to currency notes two noteshaving denomination of Rs.10/-and one hundred rupees givento me. The said amount Rs. 120/- is kept in front packet of myshirt. Shri Pedgaonkar further told me to ask receipt ofpayment from accused. Thereafter we had been to the office ofTahsil. Madam asked who is another person, I told her he isteacher in our village. Accused told me that give applicationfor obtaining certified copies of mutation entry. I told that Ihad given application on 26/05/2016 to Shri. WankhedeSaheb. The said application now shown to me. It bears mysignature. Its contents are true and correct. It is marked atExh. 28. Thereafter accused told me that I have to Rs.120/-(sixty rupees for each document). Thereafter I have given thecurrency notes having anthracene powder were given to theaccused and made demand of receipt but madam told me waitoutside the office. Thereafter, I removed my Rumal which wascaught hold to my head and made indication as agreed bymoving Rumal. Madam obtained my signature on back side ofreceipt. Thereafter, I demanded the receipt. She told me I havego out side and then I come out side. Thereafter, raiding partyentered into the office and caught hold the hands of accused.Later on, I sat outside the office.”PW2 Vasant Karnewar acted as shadow pancha. He deposed atExhibit 36 as under: 749-24-APEAL.odt {7}“01. I joined Maharashtra Jeevan Prdhikaran as a Senior Clerkin 1985. I was transferred to Zilla Parishad Nanded in the yearof 2005. On 06.06.2016, I was transferred to the office atParbhani. On 26.05.2016, I was present on duty at ZillaParishad, Nanded. On that day, a letter was received from theAnti-Corruption Bureau, Nanded to the Chief Executive Officer,Zilla Parishad, Nanded. The letter that was shown to me nowis the same. 01. I joined Maharashtra Jeevan Prdhikaran as aSenior Clerk in 1985. I was transferred to Zilla ParishadNanded in the year of 2005. On 06.06.2016, I was transferredto the office at Parbhani. On 26.05.2016, I was present on dutyat Zilla Parishad, Nanded. On that day, a letter was receivedfrom the Anti-Corruption Bureau, Nanded to the ChiefExecutive Officer, Zilla Parishad, Nanded. The letter that wasshown to me now is the same. 02. The Chief Executive Officer of the General AdministrationDepartment, Shri. Shivaji Kapate, had given me a written orderto appear at the office of the Anti-Corruption Department,Nanded. This order shown to me is the same. That ordercontains my name and is signed by Shri. Shivaji Kapate. It hasbeen given exhibit number 37. As per this order, I was releasedfrom work on 26.05.2016 to appear at the concerned officeafter noon. After being released from work, I reached the Anti-Corruption Office at 05.30 in the evening. There I met PoliceInspector Shri. Pedgaonkar. I told him that I was appearing asper the order. He gave me a letter to appear at his office on27.05.2016 at 07:00 in the morning. This letter shown to me isthe same. It is signed by Shri. Pedgaonkar and me. It has beengiven exhibit number 38.03. In accordance with the said letter, I appeared at the Anti-Corruption Office on 27.05.2016 at 07.00 am. At that time,Bhat Madam was also present. We both met Mr. PedgaonkarSaheb. Mr. Pedgaonkar Sir has introduced both of us to thecomplainant Mr. Madhavrao Thote who was sitting there.Thereafter, Mr. Pedgaonkar Sir asked the complainant to tellhis complaint before us. Thereafter, the complainant told usthat, he needs a copy of the mutation entry to take a loan foragriculture and in that regard, Gopewad Madam, clerk of thesaid office has demanded two hundred rupees and since thesaid demand is high, I am not able to pay and therefore I amfiling a complaint. I have seen the said complaint and signed it.The complaint which is now shown to me at exhibit No. 26 isthe same. It has my signature on it. It also has the signature of 749-24-APEAL.odt {8}another Panch, Mrs. Bhat. Similarly, the complainant and Mr.Pedgaonkar Sir also have signatures.04. Mr. Pedgaonkar told us that he wanted to go toHimayatnagar with his team with the voice recorder and othermaterials. Mr. Pedgaonkar Sahib recorded the voice of thecomplainant and us and showed it to us. The recording wasrecorded on a memory card. Before recording, they showed usthat the memory card was blank. We left the office at 08:00 inthe morning and reached 10.30 near the railway track atHimayatnagar in the morning. There was Mr. Pedgaonkar gaveinstructions to all of us. He instructed me that you go and meetthe Gopewad madam of the tehsil office with the complainantand listen carefully to what the complainant says to theGopewad madam and what the Gopewad madam says to thecomplainant and come and tell us what was happen.05. After about half an hour near the railway tracks, I, thecomplainant and the Rajurwad police left towards for theTehsil office. Rajurwad switched on the voice recorder and keptit in the complainant's vest pocket and Rajurwad was staythere. The complainant and I went to the tehsil office. We bothwent into the record room in that office. There we inquired asto whether there was a madam. The staff there told us thatmadam was not present and she had gone out of town. Theemployee told us that they would be arriving on Monday. So,we came out and went to where Rajurwad had stayed. As soonas we reached there, Rajurwad switched off the voice recorder.The complainant, Rajurwad and me went to Mr. Pedgaonkarsir. At that time, it was approximately 12:30 pm. They asked usto tell them what had happened. I told them all facts.Thereafter, Mr. Pedgaonkar sir played us the voice recorded inthe voice recorder. Then Mr.Pedgaonkar asked us to appearedat the 08:00 Anti-Corruption Office, Nanded, on Mondaymorning. He also gave a letter in this regard. We started backfrom Himayatnagar at around 1 pm. We reached the Anti-Corruption Bureau in Nanded at 4: 30 p.m. On reaching theoffice, police personnel Idalgave took out a memory card fromthe voice recorder and put it in an envelope. He sealed it andtook our signatures on it. Mr. Pedgaonkar sir prepared aPanchnama accordance with the sequence of the incidencewhich was took place on that day. I read over it first. It waswritten as it was happened. I signed it. This is the Panchnamathat has just been shown to me. It is signed by Mr. Pedgaonkarsir, Mrs. Bhat and me. The contents are correct. The exhibit 749-24-APEAL.odt {9}no.39 has been given to it. This is the same letter which wasgiven to me for appear on Monday that has been shown now. Itis signed by Mr. Pedgaonkar and me. The exhibit No. 40 hasbeen given to it. 06. I reached the Anti-Corruption Office, Nanded at 08.00 inthe morning on 30.05.2016. We all are left at 09.00 in themorning from there. At 11.00 in the morning, we came nearthe railway gate at Himayatnagar. The complainant waspresent there. There the instructions were given to us by Mr.Pedgaonkar as same as previously given. At 11.45 in themorning, along with the complainant and Rajurwad, I left forthe Tahsil office. The other persons stayed there. Outside theTahsil office, Rajurwad switch on the voice recorder and put itin the complainant's vest pocket. Rajurwad stayed outside. Thecomplainant and I went to the Tahsil office. At that place wewent to Gopewad madam. The complainant pointed toGopewad Madam and told me that, she was Gopewad Madam.At there the complainant asked Gopewad madam, whether thework was done? Madam replied to the complainant that, "Yourapplication has not come to me". Then, the complainant toldthe madam that, the application had been submitted to theInward Section. Then, the madam asked the complainant tobring that application. After saying this, the complainant tookme to the Inward section. Then the complainant took hisapplication from the staff of the Inward Section and thereafterwe went to Gopewad madam with bring that application. Thecomplainant handed over the application to Gopewad madam.Thereafter Gopewad madam told the complainant that you willhave to pay Rs. 60/- each for two copies totaling have to payRs.120/-. Then the complainant told Gopewad madam, "I don'thave that much money. I'll go out and bring that amount. Onthis, Gopewad madam told the complainant, "Come quicklywith the money and take the copies." After saying this, thecomplainant and I came out from the office and went to Mr.Rajurwad. When we reached there, Mr. Rajurwad switched offthe voice recorder. Thereafter we three of us went to Mr.Pedgaonkar Sir. At that time was approximately 1: 30 a.m.07. Mr. Pedgaonkar asked me about the incident in front ofwitness No. 02. I told him everything that happened in detail.Then Mr. Pedgaonkar took the voice record from Mr. Rajurwadand switched it on and the recording played it before us. Atthere Mr. Rajurwad prepared the script of that conversation.The fact that I told and the script of the conversation revealed 749-24-APEAL.odt {10}that, Gopewad madam demanded a bribe. Therefore, Mr.Pedgaonkar decided to set a trap.08. The vehicle was stopped near the railway track atHimayatnagar. He told us in the vehicle that; trap is to be setup. Similarly, he told us who would go to that place. It wasthen decided that the three of us i.e. the complainant, myselfand Police Naik Gajualwad would come near the tehsil officeand the other team members would follow us. We went as itwas decided. We three of us stopped outside of the TehsilOffice and Shri. Gajualwad opened the voice recorder from themobile and turned it on and kept it in the pocket of the vest ofthe complainant and he himself stopped at that place.Thereafter, I and the complainant went to Tehsil office at 1.40in the afternoon. At that time the complainant told me that thewoman sitting in the revenue room is Gopewad Madam. Afterthat, we both went to the revenue room. The complainant thenasked the madam if the work was done. At that time, themadam told the complainant that the price of your two copiesis 120 rupees, did you bring the money? Then the complainantreplied that he did not have that much money, he would pay itlater. Thereafter, we went outside the room and them Shri.Gajulwad switched off the voice recorder from thecomplainant. After that we went to that place where thevehicle was stopped. Then Pedgaonkar asked us about theincident. I narrated the incident in detail. Shri. Pedgaonkarthen carried out a panchnama in the vehicle for setting up atrap. He took out a bottle of Anthracene powder from thearticle with him and told us that the currency note glows inultraviolet light when the powder is applied to the currencynotes. He demonstrated it to us. He applied the powder to thehands and paper and showed it in the sun light. At that timethere is no glow on the hands and paper. Thereafter, he closedthe door of the vehicle and applied the black cloth and then theUltra violet light casted on hands and paper. As the light castedon it, the glowing blue colour is visible. Then he asked us towash the hand on which he showed the practical and alsodestroyed the paper. The hands are of Shri. Iradgawe and hewashed it clean. After that he again showed the hands of Shri.Iradgawe in the Ultra violet light, at that time we didn’t seeanything. Then they decided for setting up trap. 09.Then he placed one 100/- rupees currency note andtwo 10/- rupees currency notes on the white paper and writtendown its serial numbers on that same paper and obtain our 749-24-APEAL.odt {11}signature on it. After that, he applied Anthracene powder tothe currency notes and folds it and put it in the left pocket ofthe shirt of the complainant. After that, I, Shri. Gajulwad andthe complainant, along with other members of the trap wentnear the gate of Tehsil office. Shri. Gajulwad stopped near thegate and I along with complainant went to the revenue room inTehsil office. We went to that place where Gopewad madam satin the revenue room. At that time the complainant said toGopewad madam that he has brought the money and twocopies should be given to him. So saying, the complainant tookout the money from the pocket and given in the right hand ofGopewad Madam. The madam took the said money and put itin a cupboard and took out two copies and given it to thecomplainant and said that, she will give him the receipt afterobtaining signature on it. After that the complainant came outwith the copies and signaled to the trap squad by removing thehandkerchief from his head. Thereafter, the staff of trap squadcame at that place. Then police inspector Shri Pedgaonkarintroduced himself to Gopewad madam. Thereafter, he askedwitness No. 02 Bhatt Madam to take out the money kept in thecupboard by Gopewad Madam. Bhatt madam took out themoney from the cupboard and shown to Shri. Pedgonkar. Atthat time, Shri. Pedgaonkar verified said serial numbers andthe currency notes. The said notes were found to be correct inthe verification. After that, the crowd gathered at the place,therefore Shri. Pedgaonkar met the Tehsildar and told him thathe was taking the relevant records to the police station. Afterreceived the permission from Tehsildar, we took the record andwent to Himayatnagar Police station along with the accused.The police called for a computer to conduct the panchnama.Then a script prepared upon the conversation which wasrecorded in the voice recorder and obtained the signature ofwe two panchas thereon. After that Shri. Pedgaonkar askedname, address and village to the accused and then asked theaccused to stop in the other room at the police station. Therewas a female constable at that place. Then Shri. Pedgaonkartook the money which had taken out from the cupboard byBhatt Madam and sealed it in an envelope and obtained oursignature thereon. Similarly, he took out the memory card fromthe voice recorder and sealed it in an envelope and obtainedour signature on it. The bribe demand verification, pre-trapand trap action and spot panchnama dated 30/5/2016 whichshown to me are the same. My signature is present on its eachpage and similarly, the signature of Shri. Pedgaonkar is alsopresent on it. Similarly, the signature of witness No. 02 Bhatt 749-24-APEAL.odt {12}madam is also present on each page. Its contents are true andExhibit No. 46 is given to it.10.The memory card and money which was seized beforeme, if shown to me I can identified it. The signature on theenvelope at article No. 01 which shown to me is mine and theone currency note of 100 rupee and two currency notes of 10rupees contained in it are the same. The signature on theenvelope which shown to me is mine. The article No. 02 hasbeen given to it. The memory card taken out from the envelopeat article No. 02 is the same. The article No. 03 has been givento it. My signature is present on the envelope which shown tome. The article No. 04 has been given to it. The Memory cardtaken out from the envelope at article No. 04 shown to me isthe same. The article No. 05 has been given to it. The accusedthat demanded and received bribe is present in the court andthis is the same person.-Cross Examination by Advocate Shri. S. N. Hake on behalf ofaccused-11.It is true to say that, I and other panch witness signedover the copies of Mutation No. 761 and Mutation No. 438.The signatures which now shown to me are the same. (As thecopies of Mutation No. 761 and Mutation No. 438 are shownto the witnesses during the cross examination and as the panchwitnesses have admitted their signatures, therefore Exhibit No.47 and Exhibit No. 48 are given to both documents.) It is trueto say that the certified copies of Exhibit No. 47 and 48 havebeen supplied to the complainant.12.It is true to say that, at first the complainant demandedone certified copy of single Mutation. It is true to say that, thecomplainant demanded two copies at the time of bribeverification. It is true to say that, the accused told thecomplainant that there is a charge of rupees 60/- for eachcertificate. It is true to say that, the accused had said that, shewould give both copies to the complainant. It is true to saythat, the complainant left after demanding the copies of twomutations. 13.It is true to say that, the script of bribe verification hasbeen prepared during 12.00 to 12.30 after the return. It is trueto say that, I have signed over the script. It is true to say that,the script was prepared on 27/05/2016 and my signature was 749-24-APEAL.odt {13}obtained on it. It is true to say that when we went for bribeverification on 27/05/2016, the accused was not present andtherefore the bribe verification was failed. It is true to say thattherefore, Shri. Pedgaonkar decided the bribe verification on30/05/2016. It is true to say that, a script was also preparedfor what happened at the scene and my signature was alsotaken on it. It is true to say that, three scripts were brought tothe police station on 30/05/2016. It is true to say that, thepolice officers were sat in the Himayatnagar Police station andwe were sitting outside. It is true to say that they haveprepared all the documents and obtained our signature on it. Itis true to say that, no entries have been taken on the spot ofoccurrence. 14.It is true to say that, the accused had told thecomplainant that you should sit outside and she will sign thereceipts. It is true to say that, the police came before giving thereceipt and they caught hold the hand of the accused. It is trueto say that, therefore the accused could not provide thereceipts. It is true to say that, the accused had continuouslysaid that the money is for copies. It is true to say that whenShri. Pedgaonkar caught hold the hands of the accused, theaccused said that the said money is for copies. It is true to saythat, Shri. Pedgoankar told the accused that, what she wants tosay should be given in writing. It is true to say that, theaccused given her written statement to Shri. Pedgaonkar. Thewritten statement now shown to me is the same. It bears mysignature. (As the statement dated 30/05/2016 is shown to thewitnesses during the cross examination and as the panchwitness has admitted his signatures, therefore Exhibit No. 49 isgiven to the document). I had read the contents at Exhibit No.49. It is true to say that, when the spot panchnama wasconducted that time also the accused was saying that he hadaccepted money for the copies. It is true to say that, then Icome to know that the said money is not for bribe. 15.A Tata Sumo vehicle was used in this case. But I do notremember its number. I do not remember the name of thedriver also. It is true to say that, said vehicle was used on27/05/2016 and 30/05/2016. It is true to say that, thepanchnama dated 27/05/2016 had been conducted around7.30 in the night at A.C.B. office. It is true to say that we wentto have tea when the officers in the A.C.B. office wereconducting panchnama. They prepared the panchnama and wesigned on it. It is true to say that, no action was taken on 749-24-APEAL.odt {14}26/05/2016. It is true to say that, on 26/05/2016 thecomplainant was present in the A.C.B office. On 27/05/2016 Iwas called through the written letter. 16.It is true to say that, a document at Exhibit No 26 hadnot been read over to me on 27/05/2016. It is true to say that,as A.C.B. officer asked me to signed over Exhibit No. 26, I hadsigned over it. I do not understand the number of the Memorycard that had used on 27/05/2016. The witness himself toldthat, said memory card is of Sandisk Company. The A.C.B.officer had taken out the said memory card from the bag. I donot remember whether the said memory card was in sealedcondition or not. After the action on 27/05/2016 the saidmemory card was sealed in the envelope and obtaining oursignature on it and put it in a cupboard. It is not true to saythat the memory card was kept in the cupboard and sealed itwith the label of our signature. Our signatures were not takenon the said cupboard while kept things in and taking things outfrom the cupboard. It is true to say that, I have nothing to dowith the incident that had taken place during 27/05/2016 to29/05/2016. My additional statement was not recorded whileleaving the office on 27/05/2016.17.It is not true to say that, I falsely stated that, I told theincident that had taken place on 30/05/2016 to Shri.Pedgaonkar. It is true to say that, there was no demand of bribeof rupees 200/-. It is true to say that, I am aware that if Ifalsely state, a departmental inquiry may be initiated againstme. It is not true to say that, I gave false testimony out of fearof Anti-Corruption Bureau and departmental inquiry. Cross examination completed.”PW3 Suresh Kakani, District Collector, was the sanctioningauthority.PW4 Balwant Pedgaonkar, PI, (ACB), was the InvestigatingOfficer.“1.I was on duty as a Police Inspector in the Anti-Corruption Bureau, Nanded in the year 2016. On 26th May2016, Rajaram Thote had come with a complaint that hewanted a copy of the mutation for bank work from the TehsilOffice; in this regard, he had gone to the office of the accused 749-24-APEAL.odt {15}public servant with an application on 26th May 2016; at thattime, he complained that the accused public servant haddemanded a bribe of Rs. 200 for obtaining the mutation. Hemade an oral complaint in this regard in our office and latersubmitted it in writing. The complaint now shown to me andmarked as Exhibit No. 26 is the same. After receiving thatcomplaint, I wrote a letter to the Chief Executive Officer, ZillaParishad for getting two Panch witnesses. Now, on page 12 ofthe record, a letter marked with the exhibit number 37 wasshown. That letter is the same. It bears my signature. Thecontents thereof are correct. Accordingly, the Chief ExecutiveOfficer sent the Panch witnesses with the letter. Since theaccused is a female public servant, a letter was written to thePolice Station, Airport, Nanded for providing a femaleconstable. When the Panch witnesses arrived at the office, theywere first introduced to the complainants. Thereafter, thecomplainant orally stated his complaint before the panchas.Thereafter, I showed the written complaint made by thecomplainant to the panchas. Since, the oral and writtencomplaint made by the complainant were same, the panchassigned the complaint bearing exhibit number 37. Thereafter,the panchas were assured of confidentiality and asked to cometo the office at 7 a.m the next day.Accordingly, when panchas came to the office at 7 a.m.the next day, panchas were instructed that, their voice samplewould be recorded in a digital voice recorder. Accordingly, afresh sealed memory card was removed and inserted into thedigital voice recorder, ensuring that no previous conversationswere recorded on it, and the statements of me, both panchasand the complainant were recorded on it. Thereafter, we took all the materials for the trap andleft for Himayatnagar in a government vehicle. We reached therailway gate at Himayatnagar around 10.30 to 10.45 hours.Thereafter, after giving proper instructions to the complainant,the panch No. 1 and the police personnel handling the digitalvoice recorder, three persons, namely the complainant, thepanch No. 1 and the police constable, were sent to meet theaccused public servant. Before that, instructions were given tothe complainant as to what to say, what to say by panch No.1,and what to do by the police personnel. Before going to theTehsil office in Himayatnagar, the police personnel turned onthe digital voice recorder and placed it in the left pocket of theshirt of the complainant. Thereafter, the complainant andpanch No.1 went to the Tehsil office and inquired about the 749-24-APEAL.odt {16}accused public servant; at that time the staff present thereinformed that, the accused public servant has gone to Nandedfor official work and would be back on Monday. Thereafter,complainant and the panch witness No.1 came to the placewhere I had stopped; where the conversation recorded in thedigital voice recorder was heard and its script was preparedand further action was decided to be taken on 30th.Accordingly, the panch witnesses and the complainant weresent with instructions to be present at the Anti-CorruptionBureau office, Nanded at 7 a.m. on the 30th. Accordingly, on 30th both panch witnesses andcomplainant came to the office. At that time I gave the sameinstructions to the complainant and panchas as before and leftfor Himayatnagar in a government vehicle at 9 a.m. Wereached Himayatnagar at around 11 a.m, where we reviewedthe instructions given to the complainant and witness number1 and sent them to visit the accused public servant; similarly,witness number 2 and other staff were instructed to be presentnear the vehicle. Around 12 noon, the complainant, Panch No.1, and the police personnel returned to the governmentvehicle and said that when they met the accused publicservant, the accused public servant demanded Rs 120 formutation. Thereafter, we listened to the recordedconversation in the digital voice recorder and decided to setup a trap as it found that the accused public servant haddemanded the bribe.It was instructed that Anthracene powder andultraviolet lamps would be used in accordance with the trapoperation and a police officer demonstrated it. Upon that, thecomplainant and the Panch witnesses came to know that,Anthracene powder is not visible in natural light but whenviewed under an ultraviolet lamp in the dark, a greenish glowis visible. Thereafter, frisking of the complainant took place, inwhich a diary and some materials were found, and from it,one currency note of Rs. 100 and two currency notes of Rs. 10,totaling Rs. 120, were separately taken out, which wererequired for the bribe. The police personnel then appliedanthracene powder to the notes; and after coating them withanthracene powder, they demonstrated how the notes lookedin natural light and in the dark under an ultraviolet lamp andreturned other materials to the complainant. The notes coatedwith anthracene powder were kept gently in the left pocket ofthe shirt of the complainant and the complainant wasinstructed not to touch the notes until the accused public 749-24-APEAL.odt {17}servant demanded a bribe. Thereafter, Panch witness No.1 wasinstructed to go with the complainant and inspect thecomplainant and to keep an eye on what was being saidbetween the complainant and the accused public servant andpolice personnel was instructed to turn on the digital voicerecorder at some distance from the Tehsil Office and keep it inthe inner pocket of the shirt and we members of the trapsquad stopped in different ways. Before that, they wereinstructed about what signals to give if the accused publicservant asks for and accepts a bribe and if it was not possibleto give the planned signal to the complainant, the panchwitness No. 1, instructed to make the planned signal.Accordingly, we stopped around the Tehsil office. Accordingly,the complainant and the panch witness No.1 went to theTehsil office and after some time, when the complainant cameout and made the planned signal, we came to know that theaccused public servant had accepted the bribe. Accordingly, wethe members of the trap squad went to the accused publicservant in the Tehsil office. I asked to the panch witness No.1that, who accepted the bribe and where he kept it. Then thepanch witness No.1 pointed at the accused public servant andsaid that she had accepted the bribe and kept the bribeamount in the third compartment of the back cupboard.Thereafter, the female police officer who was with us caughthold the hands of the accused public servant. Since the place isa public one, we requested the head of the office to arrangefor a room. Accordingly, he provided an adjoining room.Thereafter, panch witness No.2 took the bribe amount fromthe cupboard, while we had taken out the bribe amountseparately, the description of the bribe amount was written ona piece of paper. When the witness No.2 examined the seizedcurrency notes to ascertain whether the description of thecurrency notes and the description written down were thesame, it has been found that, the description of the currencynotes mentioned on the paper and the description of theseized currency notes were the same. Thereafter, thosecurrency notes were seized for the purpose of theinvestigation. Thereafter, we took the accused public servantto the adjoining room. There, we closed the windows anddoors of that room and made it artificially dark . when weexamined the hands of the accused public servant under anultraviolet lamp, a greenish glow was seen on the fingers andpalm (phalanges)of her right hand. Thereafter, a thoroughinspection of the spot of occurrence was carried out andfurther action was decided to be taken at Himayatnagar Police 749-24-APEAL.odt {18}Station.After that, I went to the police station and requestedthe police, accordingly they provided a computer and space.The currency notes were kept in an envelope and sealed.Panch witnesses and I signed on it. Thereafter, I filed acomplaint against the accused public servant on behalf of thestate. This complaint was registered on the 31st at around1.00 a.m. Now information on page Nos. 41 to 45 of therecord was shown. That is the same. It bears my signature.The contents thereof are correct.. It has been given exhibitnumber 62. Thereafter, the accused public servant wasarrested and the information about the arrest was given to thehusband of accused public servant namely Anil and hisstatement was recorded accordingly. After receiving theplanned signal, we went inside; I introduced myself to theaccused public servant. Thereafter, we seized the originaldocuments such as the application for mutation submitted bythe complainant; the receipt book signed by the Tehsildar onthe blank receipts, and a register and made arrangements toreturn them after investigation. After giving information and arresting the accusedpublic servant, we returned to the office in Nanded and sincethe voice sample of the accused public servant had to berecorded there, we took a new memory card and made surethat no conversation was recorded on it. We inserted thatmemory card into the digital voice recorder. The voice sampleof the accused public servant was recorded in that digital voicerecorder and at the same place the statement of the accusedpublic servant was recorded. The copy of application forobtaining mutation bearing exhibit number 28 shown nowand annexed extract of seven and eight A are the same.Accordingly, a panchnama of all incidents and a panchnama ofvoice samples were carried out. Thereafter, the hash value ofthe memory card was checked and it was found to containeight files. The memory card was seized and deposited atHimayatnagar Police Station. Thereafter, a letter was sent to the Land Records Officeas a map of spot of occurrence was required. The letter nowshown on page No. 67 of the record is the same; it bears mysignature. The contents thereof are correct. It has been givenexhibit number 63. Thereafter, a letter was sent to the DistrictCollector informing him that a case had been registeredagainst the accused public servant and seeking informationabout the accused public servant. The letter now shown on 749-24-APEAL.odt {19}page No. 74 and 75 of the record is the same; it bears mysignature. The contents thereof are correct. It has been givenexhibit number 64. Thereafter, a letter was sent toHimayatnagar police station on 3rd for depositing the seizedcurrency notes. The letter now shown on page No. 76 and 77of the record is the same; it bears my signature. The contentsthereof are correct. It has been given exhibit number 65.Muddemal list is annexed with this letter. On the 3rd, thestatements of some employees were recorded. On the 4th wereturned the punch witnesses with letter. Similarly, theregistered book and receipt book of the Himayatnagar TehsilOffice that had been deposited were returned. Thereafter, onthe 7th , a letter on page number 94 of the record was writtento the District Collector, requesting the return of the registerand receipt book of the Tehsil Office. The letter now shown isthe same; it bears my signature. The contents thereof arecorrect. It has been given exhibit number 66. Again, areminder was sent to the District Collector and informationwas sought as to whether the accused public servant has theright to take money or not, and if so, what are the governmentresolutions regarding the amount that can be taken. The letteron page number 95 of the record is the same; it bears mysignature. The contents thereof are correct. It has been givenexhibit number 67. On the same day, a map of the spot ofoccurrence along with the letter was received from the LandRecords Office. The letter now shown on page No.98 of therecord is the same; it has been received by our office and bearsmy signature. The contents thereof are correct. It has beengiven exhibit number 68. Thereafter, the concerned staff from the Land Recordswho drew a map of the spot of occurrence recorded hisstatement. The District Collector has furnished information atexhibit No. 53 along with a copy of the GovernmentResolution in accordance with the letter at exhibit No. 67. It ison page No. 129 of the record. As per said GovernmentResolution it has been observed that, the rate for providing animmediate mutation copy is Rs. 15 and for providing generalcopy is Rs. 10. The statement of the Tehsildar in this regardhas also been recorded. Along with the letter on page number108 in the record, the Tehsildar has furnished the photocopiesof application of the complainant, the receipt book andregister. Thereafter, the memory card seized in the trap and the 749-24-APEAL.odt {20}memory card containing voice sample were sent for analysis tothe Forensic Science Laboratory, Aurangabad through policepersonnel and his statement was recorded. The letter in thisregard is on page No. 144 to 146 of the record. The contentsthereof are correct. It has been given exhibit number 69.Thereafter, there was a letter sent to the District Collector toseek information on some issues. The letter is on page number148 in the records. I have signed the receipt of it. Theinformation sent along with that letter is on pages number 149to 150. It has been given exhibit number 70. Accordingly, thestatement of the District Collector was recorded. After theinvestigation, a letter was sent to the District Collector throughthe Superintendent of Police, Anti-Corruption Bureau, Nandedfor the approval of the competent authority. Accordingly, afterreceiving the approval order from the competent authority, thecharge sheet was filed in the special court. The muddemal,which was sent to the laboratory for analysis, has been filed inthe court after receiving the report. I can identify the bribedemand verification panchnama that I had carried out in theaction; if shown to me. The bribe demand verificationpanchnama now shown at exhibit No. 39 is the same; it issigned by the panchas and me. The contents thereof arecorrect. Now, the bribe demand, trap action and the spotpanchnama bearing exhibit number 46 on pages 21 to 26 ofthe record were shown; is the same; it is signed by thepanchas and me. The contents thereof are correct. Similarly, ifthe voice sample panchnama is shown, I can identify it. Now,the voice sample panchnama on pages 50 to 58 of the recordis shown; is the same. It is signed by the panchas and me. Thecontents thereof are correct. It has been given exhibit number71.(The advocate of the accused public servant objected toexhibit the script in the voice sample, which will be consideredduring the arguments.)I can identify the currency notes and memory cardsseized by me; if shown to me. Now, envelope bearing Article 1containing one note of Rs 100 denomination and two notes ofRs 10 denomination are shown; they are the same. It has beengiven article numbers 6 to 8. Now the memory cards fromarticles two and four and articles three and five are shown;they are the same. The public servant who demanded andaccepted a bribe from the complainant is present in the court.Investigation revealed that the accused public servantdemanded and accepted bribe while he was a public servant. 749-24-APEAL.odt {21}Cross-examination by the advocate Mr. Waghmare on behalf ofthe accused public servant :- 02.The complainant would have come to lodge thecomplaint around 2 to 2:30 p.m. A discussion was held withthe complainant when he arrived at the office. Thecomplainant gave the complaint in writing in our office. I wasin my cabin at that time. It is true to say that, the date of thecomplaint bearing exhibit number 26 seems to have beenoverwritten. I know that if there is an overwriting, the initialsare taken. Since I did not pay attention to that overwriting, Icannot give the reason why the signature of the complainantwas not taken. No record of the entry of the complaint wastaken anywhere. It is true to say that, after receiving thecomplaint, I had given a letter regarding providing the punchwitnesses. The punch witnesses had signed the complaint onthe 26th. I did not investigate the reason for which thecomplainant needed the documents. The complainant had notprovided the bank case documents along with the complaint.It is true to say that, the complainant had not submitted anydocuments in this regard.I have not investigated whether the complainant hadsubmitted an application to the Inward and Outward Sectionfor obtaining a copy of the mutation. It is true to say that, thecomplainant had demanded a copy of single mutation, i.e.,Gut No. 225, Mutation No. 761. I have not investigatedwhether the complainant received two copies during theinvestigation.The memory cards are provided by the office. Noseparate entry is taken regarding the receipt of the memorycard. No separate panchnma was carried out regarding thereceipt of that memory card. In this case police staff Shri.Gajulwad has used a digital voice recorder and memory card.It is true to say that, police staff Gajulwad was present whilepreparing the script in the panchnma. I did not give a written order to the panchas to bepresent at 7.00 am on the 27th. I cannot say which employeecarried the written order for providing panch witnesses. On27th, we left the office around 9.00 to 9.30 am. We did notmake an entry of the trap materials carried with us. Thewitness himself says that, there is no such record keepingsystem in his office. On the 26th itself, the complainant wasinstructed to be present near the railway gate atHimayatnagar. 749-24-APEAL.odt {22}It is true to say that, on 27/05/2016 the complainantand the accused public servant did not meet. A script wasprepared in the office. On 30th we left the office around 9.00to 10.00 am. It took 5 minutes to give the instructions again atHimayatnagar railway gate. The distance from the place wherewe stopped to the Tehsil office would be approximately 1 km.It is true to say that, there were tables of other employeesalong with the accused public servant in the Tehsil Office.When I went after the trap was set, the other employees wereworking on their own tables. The complainant did not take thecopies. The complainant asked for two immediate copies and Idid not come to know that he got it. It is not true to say that, as per the GovernmentResolution 2011, there is a Government fees of rupees 15 tocheck for each bundle of records and since three bundles wereexamined for the copy of the complainant, it cost rupees 45for that and rupees 15 for providing the immediate copy,making a total of rupees 60 and rupees 120 for providing twocopies. It is true to say that, there is a signature of thecomplainant on the back of the receipt. The amount of rupees120/- demanded to the complainant for providing the copywas the legal fees for providing the copy from the records, andno inquiry was made regarding this. I cannot say that thecomplainant was asked to wait outside to receive the receipt ofthat amount. It is true to say that, we have taken action evenbefore writing the receipt. It is not true to say that It is falsely stated that thebribery verification come to the notice that A.P.S. demanded abribe. It is not true to say that It is falsely stated that A.P.S.demanded a bribe from the complainant before Panchaswitness No. 1. It is not true to say that When the recordedconversation on the memory card was listened to, it wasfalsely stated that A.P.S. demanded a bribe. I don't rememberwhether the paper with the note numbers of the bribe demandwas written on it was filed with the charge sheet or not. I don'tremember which police staff placed the notes laced withanthracene powder in the complainant's pocket. It is not trueto say that It is falsely stated that I instructed to the panchasand It is falsely stated that complainant has indicated that thebribe money was accepted.It didn't happen that when I went to the spot ofoccurrence I asked A.P.S. about the amount, she said that theamount was for the true copy. If the A.P.S. wishes, we take 749-24-APEAL.odt {23}their written statement. It is true to say that A.P.S. has writtenin the statement that the amount is for two true copies. I havenot taken separate entries regarding the entire proceedings.The witness himself says that the entries have been taken onlyin the case diary. There is no record in the police station diarythat we went to Himayatnagar police station at 5 pm. Wecomputerized the Panchnama on our office computer. It is trueto say that I narrated the contents of the Panchnama and thepolice staff computerized it. The Panchnama records the timeat which the Panchnama commence and completed.It is true to say that, Hash – value checked by me. Theinvestigation did not found that the first demand was for abribe of Rs. 200. It is not true to say that the amount of Rs.120 accepted by A.P.S. was the government fees for issuingtwo true copies. It is not true to say that the amount acceptedby A.P.S. is Rs. 120 which is the legal fee for providing the truecopies. It is not true to say that a false case has been registeredagainst A.P.S. It is not true to say that A.P.S. did not demand oraccept bribes. It is not true to say that a false case has beenfiled against APS without any solid evidence.It is not true to say that, the trap and completeinvestigation documents were not sent to the competentauthority. It is true to say that there was no F.S.L. report inthose documents. It is true to say that documents relevant tohash value were not sent to the competent authority. I was inpossession of all the memory cards in the action. It is true tosay that the memory card was removed from the sealed pocketand placed back in it after use and sealed. Question - Were sealed or unsealed panchnamas done whiledepositing and to take back the seized memory card atHimayatnagar Police Station?Answer - There's no need to do that.It is true to say that the complainant's voice sampleswere not sent for F.S.L. examination. No panchnama wasconducted into the sealing and unsealing of the bottle ofanthracene powder. The accused public servant did notconduct a separate panchnama of the amount kept in thecupboard. It is not true to say that today I falsely testifying.”PW5 Gajanan Sahebrao Shinde, the then Tehsildar, Devni, whosestatement is recorded by IO. 749-24-APEAL.odt {24}PW6 Manoj Kenekar, acted as voice analyzer. ANALYSIS6.On re-appreciating the entire evidence, here, it isemerging that, PW1, who has lodged report resulting intoregistration of crime. In his evidence, at Exhibit 25, he hasstated that, when he approached the present appellant forissuing of urgent copy of mutation entry, she allegedlydemanded Rs.200/-. However, in paragraph 3 of his cross-examination, he testified that the accused told him that, he willhave to pay an amount of Rs.120/- to take documents. Suchanswer is repeated by him in paragraph 3 itself. PW2-shadow pancha in his evidence at Exhibit 36, claimsto have called to office of Anti Corruption Department by PW4.He and complainant made aware of nature of complaint, heaccompanied the complainant to the office of accused with voicerecorder. But, in paragraph 6 of his evidence, he has stated that,when he and complainant approached appellant, she allegedlyasked him whether he had brought application. He stated that,appellant told complainant that he will have to pay Rs.60/- eachfor two copies,i.e. total amount which he would be required topay is Rs.120/-. When complainant told that he is not carrying 749-24-APEAL.odt {25}such money, she further told him to come back with money andtake the copies. However, paragraph 8 of his cross, shadow pancha alsoanswered that, when complainant asked appellant whether hiswork has been done, she told him that price of two copies ofRs.120/-, and then questioned him whether he had brought thesaid amount. Therefore, though initially in complaint, informantclaims about having put up demand of Rs.200/-, but in his cross,as well as in evidence of shadow pancha, who is star witness forprosecution, the appellant's demand was stated to be Rs. 120.In paragraph 14 of cross of PW2, he also admitted that thecomplainant requested two copies and the accused informed thecomplainant that there was a charge of Rs. 60 per copy.Paragraph 14 categorically demonstrates his admission that,before giving the receipt, police caught appellant and thatappellant did not provide any receipt. He further admitted thatappellant was continuously informing police that moneydemanded and accepted by her were charges for copies.Therefore, on re-appreciation of such material, it is emergingthat amount allegedly demanded and even handed over wasonly Rs120/-. 749-24-APEAL.odt {26}PW4-Investigating Officer also though stated aboutreceiving complaint of demand of Rs.200/-, in his cross at thehands of advocate Waghmare in paragraph 2, admitted that,firstly, there is overwriting as regards to the date of complaint.Secondly, he has admitted that, he did not investigate whetherthe application of complainant was forwarded and whether twocopies were received by complainant. In concluding para, he hasadmitted that, there is Government Resolution of 2011, whereinRs.15/- are charged for checking of each bundle of records andsince three bundles were to be examined, cost of Rs.45/- andRs.15/- for providing immediate copies making a total of Rs.60/-and Rs.120/- for providing two copies. He also fairly answeredthat, there is signature of the complainant at the back of receiptand the total amount of Rs.120/- demanded for providing thecopy was legal fees for providing the copy from the records. Butno enquiry was done regarding this. Therefore, apparently, whensuch evidence is coming in the testimonies of complainant,shadow pancha and very Investigating Officer, more particularly,in the cross, there is substance in the written statement tenderedby the appellant, wherein she has set up a case that amountdemanded by her was towards urgent charges, which evencomplainant admits for seeking urgent charges. Therefore, 749-24-APEAL.odt {27}charges handed over and accepted of Rs.120/- are towards legalcharges. Consequently, though Investigating Officer has gotverification done by making use of voice recorder, procedure ascontemplated, to raise its credibility is not adopted, no pre andpost sealing panchanama of memory card is apparently done byhim. There is overwriting over the date of complaint.Furthermore, the record shows that, there are repeated attemptsto contact appellant to ascertain demand. Therefore, there isconsiderable doubt in the manner of investigation. Resultantly, all such aspects create doubt about thecredibility and veracity of the complaint. Answers given byinformant, shadow pancha, and even Investigating Officer, whilefacing cross, has rendered prosecution case weak.7.Perused the judgment. Learned trial Court has notconsidered the answers given by above witnesses in cross and assuch, in the considered opinion of this Court, there is improperappreciation of evidence, requiring indulgence at the hands ofthis Court by allowing the appeal. For all above reasons,appellant succeeds. Accordingly, I proceed to pass followingorder: 749-24-APEAL.odt {28}ORDER[I]Criminal Appeal No.749 of 2024 is allowed.[II]The conviction awarded to appellant Smt. SunitaDattatray Gopewad in Spl. ACB No.02 of 2016 by thelearned Additional Sessions Judge-1, Bhokar on31.07.2024 for offences punishable under Sections 7and 13(1)(d) of the Prevention of Corruption Act,stands quashed and set aside.[III]The appellant Smt. Sunita Dattatray Gopewad standsacquitted of the offences punishable under Sections 7and 13(1)(d) of the Prevention of Corruption Act.[IV]The bail bonds of appellant stands cancelled. [V]The fine amount deposited, if any, be refunded to theappellant after the statutory period. [VI]It is clarified that there is no change as regards theorder in respect of disposal of muddemal. [VII]Criminal Application No.3771 of 2024 is alsodisposed of. ABHAY S. WAGHWASE, JUDGES P Rane