MARUTI SUBRAO SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The Appellant has filed this appeal, being aggrieved by the judgment and order passed by the Special Judge, Gadhinglaj in Special Case No.3 of 1999. By the said judgment and order dated 21.12.2000, the Special Judge was pleased to convict the Appellant for the offence punishable under section 7 of the Prevention of Corruption Act. and was sentenced him to suffer R.I. for five years and to pay fine of Rs.5,000/-, in default, to suffer further S.I. for three months. He was also convicted for the offence punishable under section 13(2) of the Prevention of Corruption Act, 1988 and was sentenced to suffer R.I. for six years and to pay fine of Rs. 10,000/-, in default, to suffer S.I. for six months.

(3.) The prosecution case in brief is that the accused was working as a Talathi. It is alleged that he received Rs.100 as bribe from the Complainant while he was handing over a copy of the 7-12 extract and in return for handing over the copy of the said 7-12 extract, he received Rs.100/- as bribe and he was caught red-handed. FIR was lodged at the Police Station, Gadhinglaj. The Appellant-Accused was arrested. A proposal for sanction to prosecute the accused was submitted to the Sub-Divisional Officer (SDO) who was pleased to grant sanction and, thereafter, charge-sheet was filed against the Appellant. Charge was framed against him. The accused pleaded not guilty and claimed to be tried. Prosecution examined six witnesses. The Trial Court on the basis of the evidence convicted the accused.