CENTRAL BUREAU OF INVESTIGATION Vs. CHANDRAPPA NAGAPPA KEMBHAVI

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 5th September 2000 passed by the Special Judge, Solapur, acquitting respondent (accused) of offences punishable under Section 7 , Section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act , 1988 (PC Act ).

(2.) On 6th January 2020 since nobody was present in Court representing respondent no.1, the Court appointed Ms. Ayushi Anandpara, an Advocate, as Amicus Curiae. Before I proceed with the case, I must express my appreciation for the distinguished assistance rendered by Ms. Ayushi Anandpara, learned Amicus Curiae. The endeavour put forth by Ms. Anandpara, Amicus Curiae, has been of immense value in rendering the judgment.

(3.) It is the case of prosecution that accused Chandrappa Nagappa Kembhavi was working as a Sub-divisional Officer of Phones (external) in the office of Telecom Department as District Manager, Solapur. Accused, on 15th May 1996, demanded Rs.600/-, which was reduced to Rs.500/-, as illegal gratification other than regular remuneration for showing the favour to complainant (PW-1) Mehboobsab Pailwan, a vegetable merchant of Solapur for urgent and early installation of new telephone connection allotted to complainant in his shop premises bearing no.D-26, Siddheshwar Market Yard, Solapur. Accused is alleged to have agreed to accept the amount on 16th May 1996 in the shop of complainant at about 4.00 p.m.