GOPAL NAGNATHRAO GUNJKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these criminal appeals arise from the judgment and order passed by the learned Special Judge, Hingoli, in Special Case No. 02 of 2007, convicting both the appellants for offences punishable under section 7, 13(l)(d) read with section 13(2) and section 12 of the Prevention of Corruption Act (henceforth referred as "the Act". So these two criminal appeals can be decided by this common judgment.

(2.) The prosecution witness No. 1 Balaji, the complainant had sought permission from the Forest Department to transport certain logs of teak trees, which he had cut in his agricultural field. The file concerning his per-mission was pending before the appellant No. 1, who was then Assistant Conservator of Forest at Hingoli. A week prior to the com-plaint, he had an occasion to meet the ap-pellant No. 1 in his office. At that time, the appellant No. 1 demanded Rs. 7,000/-, as bribe, for recommending favourable order on his file. On 17th April, 2006, the complain-ant and the appellant No. 1 had a telephonic talk, and the complainant agreed to come and pay Rs. 7,000/- to the appellant No. 1 on the next day. The complainant, thereafter, lodged his complaint with the A.C.B. Of-fice, at Parbhani. A trap was arranged on 18th April, 2006. The complainant and a shadow panch reached with the tainted cur-rency notes of Rs. 7,000/- kept in the pocket of the complainant at the office of appellant No. 1. On reaching the office, the complain-ant met the appellant No. 2 at the office. The complainant knew the appellant No. 2 since prior to that day. The complainant, the shadow panch and the appellant No. 2 then went to the office of appellant No. 1. He then asked them to wait for 10 minutes. After 10 minutes, the above mentioned three persons again entered the office of the appellant No.

(3.) The learned Judge of the lower Court believed the case of the prosecution, and as said above, convicted both the appellants.