C R BANSI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave against the judgment and order of the High Court of Judicature at Bombay dismissing the appeal of the appellant against the conviction recorded by the Special Judge for Greater Bombay. The appellant was convicted by the Special Judge under Section 5 (2) , read with Section 5 (1) (a) and (d) and Section 5 (3) , of the Prevention of Corruption Act, 1947 (2 of 1947) - hereinafter referred to as the Act - and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1,25,000, in default of payment of fine to suffer further rigorous imprisonment for one year The Special Judge further directed that the amount of fine be recovered from the properties seized.

(2.) The following charge was framed against the appellant:

(3.) The case of the prosecution before the Special Judge was that the appellant was habitually corrupt, and wherever he was posted he used to develop personal contacts with the assessees, whose cases were pending before him and in his talk with them he tried to impress upon them that they were likely to be heavily taxed; he used to create a favourable psychological background and taking advantage of the same tried to screw out money from them; if the assessee did not accept his proposal or proved to be smarter, he used to harass him by various methods. The prosecution sought to establish the charge against him under Section 5 (1) (a) of the Act by leading evidence of five instances: