SHRIKANT TUKARAM BORADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the Appellant and the learned APP appearing on behalf of the State.

(2.) The appellant is challenging the judgment and order passed by the Special Judge dated 03/05/2003. By the said Judgment and Order, the Special Judge was pleased to convict the appellant - original accused for the offence punishable under sections 7, 13(l)(d) read with section 13(2) of the Prevention of Corruption Act. 1988. He was sentenced to suffer rigorous imprisonment for 15 months and to pay fine of Rs.300/- and in default of payment of fine to undergo further simple imprisonment for one month for the offence punishable under section 7 of the Prevention of Corruption Act, 1988. He was also sentenced to suffer rigorous imprisonment for eight months and to pay fine of Rs.300/- and in default of payment of fine to undergo further simple imprisonment for one month for the offence punishable under section 13(1 )(d) read with section 13(2) of the Prevention of Corruption Act, 1988.

(3.) Prosecution case in brief is that the appellant was working as a peon in the District Industrial Center, Kolhapur and he had demanded Rs.400/- from the complainant as an illegal gratification on 17/08/1994 and had accepted the said amount on 24/08/1994. According to the prosecution, the said demand was made for sanctioning his case under the Prime Minister Employment Scheme. According to the prosecution, the complainant Rajendra Bhosale was carrying on milk business. He, however, decided to purchase auto-rickshaw and take the benefit of the Prime Minister Employment Scheme. In order to avail the benefit of the said scheme, application had to be made through Ratnakar Bank having its Branch at Rukadi and the said application had to be made through D.I.C. Kolhapur. According to the complainant, he went to the Office of D.I.C. on 08/07/1994 and he met the appellant who gave him the relevant form and also advised him to attach necessary documents alongwith the application. Thereafter, the complainantfilied up the form and thereafter went to the Office of the Branch Manager of Ratnakar Bank on 20/07/1994 and he annexed affidavit and other documents including his photograph. Thereafter again he went to the Office of D.I.C. on 17/08/ 1994. The complainant showed all documents to the accused Shri. Borade who is appellant herein. He told the complainant that if he met the concerned Officer, he would demand Rs.800/- to Rs.900/- to get the proposal sanctioned. However, he would get the work done only for Rs.500/-. The complainant, however, agreed to give Rs.400/-. Prosecution case is that, therefore, the first demand was made on 17/08/1994. The accused asked the complainant to make the arrangement and come on 24/08/1994 with Rs.400/-. The complainant, thereafter, on 20/08/1994 approached the And Corruption Bureau, Kolhapur who noted his complaint and prepared a pre-trap panchanama and, thereafter, on 24/08/1994, the Investigating Officer alongwith the complainant and the raiding party went to the D.I.C. Office and it was agreed that the complainant would pay the said amount of marked currency notes of Rs.400/- applied with anthracene powder in the office of the accused. Accordingly, the complainant along with the panch Mr. Kalyankar went to his Office and met him and, according to the complainant, demand was made. He paid the said amount to the accused and gave signal to the raiding party who came and arrested the accused and recovered the said marked money from his pocket. The accused was arrested and statements of witnesses were recorded. The Trial Court on the basis of evidence which was adduced by the prosecution convicted the appellant.