SANJAY GOPALRAO WANGIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed by the Appellant/Complainant against the judgment and order dtd. 30/11/2001 passed by the Special Judge, Parbhani in Special Case No. 01/2000, by which, the learned Special Judge has held the Appellant guilty of 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). The Appellant is directed to undergo sentence of rigorous imprisonment for six months and to pay fine of Rs.500.00 in default to suffer further rigorous imprisonment for fifteen days for the offence punishable under Sec. 7 of P.C. Act. He is further directed to undergo rigorous imprisonment for two years and to pay fine of Rs.1500.00 in default to suffer further rigorous imprisonment for three months for the offence punishable under Sec. 13(2) read with 13(1)(d). Both the sentences are directed to run concurrently.

(2.) The case of Prosecution in short is that the Appellant was working as an Extension Officer, Zilla Parishad Parbhani in Panchayat Samiti, Gangakhed. While he was working as such, he demanded a bribe of Rs.1500.00 from the Complainant - Narayan Parande (PW-1), who was then Sarpanch of village Lasina in Sonpeth Taluka of Parbhani District. Bribe was demanded for sanctioning and disbursing an amount of Rs.40,000.00 in favour of Gram Panchayat. The Complainant had proposed and persuaded proposal with Panchayat, Gangakhed for construction of a cement road in the village under the Backward Locality Development Scheme. The said proposal thereafter was submitted to the Social Welfare Branch of Panchayat Samiti. For the said proposal, a budget of Rs.2,00,000.00 was sanctioned. Out of the said amount, two installments of Rs.80,000.00 were released. On 20/8/1999, Complainant met the Appellant and made an enquiry about the work. The Appellant called the Complainant on 23/8/1999. There was a discussion of demand of Rs.5000.00and the said amount came to be settled to Rs.1500.00.

(3.) The Complainant in view of this demand, made a report to Anti Corruption Bureau, Parbhani (hereinafter referred as 'ACB). PW-5 working as Deputy Superintendent of Police, who decided to lay a trap against the Appellant and thus the trap was arranged. It is alleged that the trap was successful. Thereafter investigation was completed and Prosecution came to be launched.