LALASO BALU SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23rd July, 2003 passed by the Special Judge, Kolhapur, in Special Case No. 8 of 1999, convicting the appellant, who was the sole accused in the said case, of the offences punishable under Sections 7 and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988. The learned Special Judge sentenced the appellant to suffer R.I. for one year and to pay a fine of Rs. 1,000/- with respect to the offence punishable under Section 7 and to suffer R.I. for two years and to pay a fine of Rs. 2,000/- with respect to the offence punishable under Sections 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. (Hereinafter referred to as "the said Act", or "the P.C. Act"). The learned Special Judge imposed default sentences in the event of failure to pay the amount of fine. The substantive sentences were directed to run concurrently.

(2.) The case of the prosecution as revealed from the column no. 16 of the prescribed proforma of the Final Report Form, as was put forth before the trial Court, was as follows :- That, the accused- a Police Constable-was attached to Shahupuri Police Station, Kolhapur at the material time. That, he had been entrusted with the duties of looking after the investigation papers, applications etc. and of assisting the investigation in respect of the various offences as might be registered at the said Police Station. That, a crime vide C.R. No. 139 of 1998 had been registered at the said Police Station against one Bipin Yeshwant Mane and five others. That, in that case, the accused had favoured the said Mane and other accused, by not taking action under the provisions of Section 151 of the Code of Criminal Procedure; and that, due to such 'co-operation' extended by the present accused to the said Bipin Mane and others in the said crime report, the present accused on 22.10.1998, demanded a bribe of Rs. 10,000/- for himself from them, and later on, settled for Rs. 5,000/-. The said Bipin Yeshwant Mane reported the matter to the Anti Corruption Bureau, Kolhapur on 23.10.1998, pursuant to which a trap was arranged. That, in the presence of the panch witness Girish Gangatirkar (PW-2), the accused demanded and accepted the bribe of Rs. 5,000/-, on 23.10.1998 at the residence of said Bipin Mane and as per the trap laid, he was caught red handed. On completion of investigation and after obtaining sanction under Section 19 of the said Act, which was duly granted by Raghur Kuppuswami Padmanabhan (PW-5), the accused was prosecuted on the allegation of having committed the offences punishable under Section 7 and Section 13(2) r/w Section 13(1)(d) of the said Act. The trial, as aforesaid, resulted in conviction of the accused.

(3.) I have heard Mr. Shekhar Ingawale, the learned Advocate for the accused. I have also heard Mr. Saste, the learned Additional Public Prosecutor for the State. With the assistance of the learned counsel, I have gone through the entire evidence adduced before the trial Court, the impugned judgment and all other relevant record.