NANASAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence dtd. 30/9/2004, passed by Special Judge, Parbhani in Special Case No.4/2001. Vide impugned order, the appellant herein has been convicted for the offence punishable under Ss. 7, 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act (P.C. Act for short) and sentenced to suffer rigorous imprisonment for one year on both counts and to pay fine of Rs.500.00 and Rs.1000.00respectively, in default to suffer rigorous imprisonment for one month and two months respectively. Both the substantive sentences have been directed to run concurrently.

(2.) The facts in brief, giving rise to the prosecution case are as follows :

(3.) The Deputy Superintendent of Police, A.C.B., Parbhani, P.W.3 Manik Perke recorded the complaint on 9/2/2001. Since the appellant had asked the complainant to pay him the money on 9th February itself, P.W.3 Manik Perke secured presence of two Government officials to act as panch witnesses. The complainant and panch witnesses were given due instructions. Pre-trap panchanama was drawn. All of them then set out for effecting a trap.