PUNYAKAR RAJARAM GAJBHIYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Shah for the accused/appellant and learned A.P.P., for the State/Respondent.

(2.) IN Special Case No. 11 of 1990 two accused were prosecuted under the Prevention of Corruption Act. Accused No. 1 was working as a Sub -Engineer in M.S.E.B. He was convicted. He filed appeal to this Court and the same was decided by me and he was acquitted. This appeal is filed by the original accused No. 2 [who is referred to appellant hereinafter]. He is also convicted under the Prevention of Corruption Act for demanding and taking bribe and sentenced to suffer R.I. for six months and fine of Rs. 100/ in default R.I. for one month under Section 7 of the Prevention of Corruption Act and under Section 13(1)(d)(i)(ii) read With Section 13(2) of the said Act and sentenced to suffer R.I. for one year and fine of Rs. 100/ in default R.I. for one month.

(3.) THE complainant went inside the office. Accused No. 2 was standing there near the counter. Accused No. 1 was sitting in the corner. The complainant asked appellant/accused No. 2 whether his meter was ready. Appellant/accused No. 2 told that the meter was tested, then without saying anything further Mr. Gajbhiye came out of the office and stood on the footpath. The complainant and panchas followed him. The appellant/accused No. 2 was asked by the complainant whether the money as agreed was brought. While they were talking, the accused No. 1 came out of the office and went to the parking place where his motorcycle was parked and when he was across the appellant/accused No. 2, the complainant and the panchas, the appellant/accused No. 2 pointed his finger to accused No. 1 and the complainant went to accused No. 1, gave the money to accused No. 1 which was kept by accused No. 1 in his left side pocket. Thereafter a signal was given and the accused No. 1 was trapped with money. This is the prosecution case.