PRAKASH RAMRAO KUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this appeal, the appellant seeks to quash and set aside the judgment and order dated 26-10-1999 whereby the Special Judge, Washim, has convicted the appellant under the provisions of section 7 and 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988 and sentenced him to suffer rigorous imprisonment for two years and to pay fine of Rs. 500/-, in default of fine to suffer R. I. for one month.

(2.) THE prosecution case was that the accused was working as a Canal Inspector. On 3-1-1996 he had measured the land of the accused situated in village Vakapur. The measurement was required to be done in connection with a complaint that the complainant Sudhakar Wankhede had taken the canal water. After taking the measurement, on 19-1-1996 the accused had met the complainant Sudhakar and told him that, Saaheb had called him. On 23-1-96 the complainant visited the office alongwith one Prabhakar Wankhede. The appellant met him and told him that he had prepared the panchanama of his field and that the complainant would have to pay Rs. 300/- and if he failed to pay Rs. 300/-, then he would have to pay Rs. 900/- as fine which was three times the amount of the fee. The appellant is alleged to have said that if the complainant paid the amount, he would not forward the panchanama. The appellant is alleged to have demanded Rs. 200/- and this was agreed to be paid by the complainant, but he had not paid the same on that date.

(3.) ON 4-2-1996 the complainant met the appellant and the appellant is said to have again demanded an amount.