TEJRAM Vs. STATE OF MAHARASHTRA,

JUDGEMENT

(1.) The appellant/accused being aggrieved by the judgment and order dated 24.04.2004, passed by the Special Judge (Prevention of Corruption Act), Wardha in Special Case No.8/1997, whereby he has been convicted for committing offence punishable under Sections 7, 13[1][d] read with 13[2] of the Prevention of Corruption Act (hereinafter referred to as "the Act" in short), has preferred this appeal, challenging his conviction.

(2.) The facts of prosecution case are that, the complainant - Wasudeo Paunfase, was residing along with his uncle Sitaram Rokde, at village Wadgaon. Sitaram Rokde, owned a house where electric connection was supplied by M.S.E.B. Two to three years preceding to the incident, Sitaram had installed a small flour mill at his residence. However, the said flour mill was not functioning from 5-6 months, as the electric meter got burnt. Sitaram was receiving average electric consumption bill to the tune of Rs.250 to Rs. 400 in each quarter. However in the month of December, 1996, he received a bill for the period from 14.07.1996 to 14.10.1996 to the tune of Rs.558.66 and arrears of Rs.1314/- i.e. total bill of Rs. 1873/-. Sitaram and complainant Wasudeo felt that it was too excessive and hence, they went to the M.S.E.B. Office of Samudrapur and met the accused Mohaliya, who was working as junior clerk. The concerned electric bill was shown to the accused, and it was stated that it is too excessive. The accused said that he would do nothing, but, the entire bill amount has to be paid, therefore, the complainant and Sitaram returned.

(3.) It is the prosecution case that on 17.01.1997, the complainant alone had gone to M.S.E.B. Office at Samudrapur and met accused with a request to reduce the bill amount. The accused stated that he would reduce the amount, however, the complainant has to spent for that. The accused said that the complainant has to spent Rs.400/- on which he would reduce the bill amount to the extent of Rs.1000/-. The complainant said to the accused that he would inform the things to his uncle Sitaram, and would return after 2 to 3 days.