RAJENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is against the judgment and order dtd. 22/2/2005 passed by the learned Special Judge, Aurangabad in Special Case No.23/2001, whereby the present appellant/accused is held guilty for the offence punishable under Sec. 7 and 13(1) (d) read with 13(2) of the Prevention of Corruption Act, 1988 (P.C. Act for short). He is sentenced to suffer Rigorous Imprisonment (R.I.) for six months and to pay fine of Rs.600.00 in default to suffer Simple Imprisonment (S.I.) for fifteen days for the offence under Sec. 7 of P.C. Act. He is further sentenced to suffer Rigorous Imprisonment (R.I.) for one year and to pay fine of Rs.600.00 in default to suffer Simple Imprisonment (S.I.) for fifteen days for the offence under Sec. 13(1)(d) read with 13(2) of P.C. Act. Both the substantive sentences are directed to run concurrently.

(2.) The story of the prosecution in short is as below: The present appellant/accused was working as a Senior Clerk in the office of Sub-Regional Provident Fund, CIDCO, Aurangabad. The Complainant namely Dharamchand Meher wanted advance of Rs.40,000.00 from his Provident Fund account and for that purpose, he met the appellant on 18/6/2001. It is alleged that this appellant demanded Rs.1500.00 for doing the work of getting the advance sanctioned. The Complainant therefore approached the office of ACB, Aurangabad and lodged a complaint. On receipt of the complaint, ACB decided to lay a trap on the same day. It is alleged that the trap was successful and appellant was found having accepted amount of bribe. The prosecution is launched after investigating and obtaining a sanction.

(3.) The defence of the appellant is that he had no concern with the work of the Complainant. He did not demand any amount towards bribe. At the time of alleged incident, the Complainant thrusted something in the pocket of appellant, when the appellant took out the said thing from the pocket of his pant, he found that it was money and thus his fingers came in contact with anthracene powder.