ANIL RAMCHANDRA ORAPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On being convicted and sentenced under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 ( "PC Act ") by the Special Judge, Pune, on 30/12/1997, the Appellant has preferred the present appeal.

(2.) In support of the appeal, I have heard learned counsel Mr. Kuldeep S. Patil with Ms. Saili Guru and learned A.P.P. Mr. S.R. Agarkar for the State. With the assistance of the respective counsel, I have perused the R and P, which has been received.

(3.) The Appellant being a public servant, working in the Health Department of the Pune Municipal Corporation ( "PMC "), Pune, was charged for accepting an amount of Rs.800/- from the Complainant, one Motilal Solanki as gratification, other than legal remuneration as a motive for granting him temporary health licence for his shop 'Solanki Provision Stores ' on 16/01/1991, at Cafe Alfa Hotel, Opp. PMC Office, Pune, and, thereby committing an offence punishable under Section 7 of the PC Act and also for abusing his position as public servant and, thereby obtaining pecuniary advantage, the Appellant was charged for committing the offence punishable under sub-clause (d) of sub-Section (1) of Section 13 of the PC Act being punishable under Section 13(2) of the said Act. Since the accused pleaded not guilty, he came to be tried by the Additional Sessions Judge, Pune in Special Case No. 7 of 1991. The prosecution laid its case through five witnesses and gained support from the documents exhibited, including the order of sanction granted by the Commissioner of PMC, which was admitted by the accused under Section 294 of the Code of Criminal Procedure ( "Cr.P.C. ") and exhibited as Ex-38. On appreciation of the evidence brought on record by the prosecution, the accused stood convicted of the charges framed and was sentenced to suffer RI for a period of 2 years for the offence punishable under Sections 13(1)(d) and 13(2) of the PC Act and to pay fine of Rs.1,000/-, in default, to undergo RI for 3 months. For conviction under Section 7 of the PC Act, he was sentenced to suffer RI for 1 year and to pay fine of Rs.500/-, in default, to undergo RI for one month. The substantive sentences were ordered to run concurrently.