LAWS(BOM)-2000-1-51

PRAKASH SHANKARRAO KAMBLE Vs. STATE OF MAHARASHTRA

Decided On January 27, 2000
PRAKASH SHANKARRAO KAMBLE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD Mr. Nigot for the appellant and APP for the state.

(2.) APPELLANT- accused who was convicted by the Special Judge, Pune, for offence under section 161 of the I. P. C. and under section 5 (2) r. w section 5 (1) (d) of the Prevention of Corruption Act, 1947 and was sentenced to suffer R. I. for one year and to pay a fine of Rs. 200/- in default to undergo S. I. for two months on each counts.

(3.) AS per the prosecution case the appellant accused at the relevant time i. e on 16-6-1987 was an employee of Pune University. The complainant P. W. I Gopal Narsinha Rao, who hails from Andhra Pradesh came to Pune for admission of M. B. A, course. He appeared for the interview and group discussion on 14-6-1987 and thereafter met the accused, on being informed by one Chandrahas. Whereupon, the accused demanded Rs. 20,000/- for securing admission to M. B. A. course. The complainant was not in a position to pay Rs. 20. 000/- therefore accused demanded Rs. 2,000/ -. This demand was made on 15-6-1987 and on the next day the complainant lodged complaint to Mr. Shrotra of Anti Corruption Bureau, upon which a trap was led after following the procedure and accused was caught red handed with the currency notes of Rs. 2,000/- which was subjected to anthracene powder before the trap. Prosecution examined P. W. 1 complainant Rao, P. W. 2 panch witness Bhadbhade. One PRO of Pune university Mr. Mukund Pawar as P. W. 5 P. W. 3 Gadnkush who was working under the PRO and P. W. 7. I. O. Vasant Laxman Shrotri.