TaxTMI 
TaxTMI 
TaxTMI 
2015 (2) TMI 1398
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.... 3. According to prosecution, the Appellant was working in the Finance Section of Zilla Parishad, Osmanabad. He was handling the cases of General Provident Fund (GPF) and pension cases of retired members of staff. PW-10 Mirabai N. Deshpande, 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 brother PW-9 Anant Deshmukh, who was an ex-serviceman, was requested by her to pursue her papers. He used to work with a private company in Pune. PW-9 Anant Deshmukh, between November, 1992 to January, 1993, went several times to the office of Zilla Parishad to make enquiries regarding her sister's pension 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, PW-9 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 told PW-9 Anant Deshmukh (complainant) to o....
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....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. PW-9 Anant Deshmukh, PW-3 Sahebrao Wanve and PW-1 Uttam 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 of Rs. 100/-, bearing 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 by PW-12 P.I. Gadade and First Information Report was lodged. After investigation, all the relevant papers were submitted before ....
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.... 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. 10,000/-, 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 that PW-9 Anant Deshmukh has stated that Mirabai (PW-10) was 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 the post-retiral dues 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 y....
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....n respect of offence punishable Under Sections 7 and 13(1)(d) 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. 13. Our attention has been drawn on behalf of the learned Counsel for the Appellant to the last sentences in the cross-examination of PW-9 Anant Deshmukh (complainant) wherein he has taken a somersault and told that the amount was not demanded by the accused. It is on the basis of this part of the statement on which benefit of reasonable doubt appears to have been given by the trial court. It is contended on behalf of the Appellant that demand of bribe is not proved on the record. 14. In our opinion, considering the fact that the statement of the key witness PW-9 Anant Deshmukh was recorded almost after three years of the incident, and the cross-examination was....
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....nd quality of that evidence. It may be the witnesses as are lying or where they are honest and truthful, they are not certain. It is therefore, difficult to expect a scientific or mathematical exactitude while dealing with such evidence or arriving at a true conclusion. Because of these difficulties corroboration is sought wherever possible and the maxim that the accused should be given the benefit of doubt becomes pivotal in the prosecution of offenders which in other words means that the prosecution must prove its case against an accused beyond reasonable doubt by a sufficiency of credible evidence. The benefit of doubt to which the accused is entitled is reasonable doubt--the doubt which rational thinking men will reasonably, honestly and conscientiously entertain and not the doubt of a timid mind which fights shy--though unwittingly it may be--or is afraid of the logical consequences, if that benefit was not given. Or as one great Judge said it is "not the doubt of a vacillating mind that has not the moral courage to decide but shelters itself in a vain and idle scepticism". It does not mean that the evidence must be so strong as to exclude even a remote possibility that the ac....