SATISH PURSHOTTAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted vide judgment and order dtd. 30/4/2015 passed by the Special Judge, Nashik in Special Case (ACB) No.5 of 2010 for the offences punishable under Ss. 7 and 13 (1) (d) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as PC Act 1988). The appellant has been sentenced to suffer rigorous imprisonment for six months and fine of Rs.2,000.00 for the offence under punishable under Sec. 7 of P.C. Act, 1988. He is sentenced to suffer rigorous imprisonment for one year and fine of Rs.2,000.00 for the offence punishable under Sec. 13 (1) (d) read with Sec. 13(2) of the P.C. Act, 1988. The substantive sentences were directed to run concurrently. This appeal has been preferred under Sec. 374 of Code of Criminal Procedure (for short "Cr.P.C.") challenging the impugned Judgment and order convicting the appellant for the aforesaid offences.

(2.) The case of the prosecution is as under: -

(3.) Charge was framed on 7/8/2010. The first charge is that since 8/11/1991 till 20/5/2009, accused was working as Inspector in the office of Weights and Measures at Dindori, Vani division, Nashik. Complainant had approached accused for the purpose of verification of the 78 annual proposals of repairs of weights and measures and for the said purpose, accused demanded amount of Rs.12,375.00 and in pursuance of demand. The accused demanded and accepted bribe amount of Rs.10,000.00 on 20/5/2009 from the complainant near Chopda Petrol Pump in presence of Panch witness as motive or reward, for verification of the 78 proposals of repairs of weights and measures and by abusing position as public servant. The accused committed an offence under Sec. 7 of P.C. Act. Secondly, on the aforesaid day, date, time, place, the accused committed offence of criminal misconduct by corrupt and or illegal means by obtaining pecuniary advantage of Rs.10,000.00 from complainant by abusing position as public servant and committed offence under Sec. 13(1)(d) read with 13 (2) of P.C. Act, 1988. The prosecution examined three witnesses. PW No.1 Sunil Nathhu Borase is the complainant. PW No.2 Chintaman Pandurang Thakare is the panch witness. PW No.3 Bharatkumar Suryawanshi is the investigating officer.