SANJAY BAPURAO KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Special Judge, (Prevention of Corruption Act), Pune by judgment dated 7th April, 2004 passed in Special Case No.16 of 1999, convicted the appellant, a Deputy Accountant with the Pimpri-Chinchwad Municipal Corporation under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ("the Act" for short) and sentenced him to suffer rigorous imprisonment for one year for each offence and pay fine of Rs.2,000/- with default stipulation. Aggrieved by the conviction and sentence, this Appeal is preferred under Section 374(2) of the Criminal Procedure Code.

(2.) Heard Mr. Gole, the learned Counsel for the appellant and learned APP, Mr. Agarkar for the State

(3.) The question, that falls for my consideration is, "Whether the prosecution has proved the twin requirement of "demand" and "acceptance" of bribe money by the accused, in as much as, proving of one alone but not the other, is not sufficient to uphold the conviction ?"