DAMU RAMU AVHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 against the conviction recorded under Sec. 5(2) read with Ss. 5(i)(d) of the Prevention of Corruption Act, 1947 (' PC Act of 1947' for short) and sentencing the appellant to undergo imprisonment for one year and to pay fne of Rs.500.00, in default, to undergo further simple imprisonment for one month and under Sec. 161 of Indian Penal Code ('IPC' for short) and sentencing imprisonment for six months and pay fne of Rs.200.00 and in default, to undergo simple imprisonment for 15 days in Special Case No. 01 of 1989 by learned Special Judge, Nashik vide Judgment and Order dtd. 29/8/1998.

(2.) In short, the case of the prosecution is that, the complainant, namely, Karbhari Madhav Aher and his younger brother Bhausaheb Madhav Aher are the resident of village Erandgaon-Budruk, Tahasil- Yeola, District- Nashik. According to complainant, on 07/03/1988 his said younger brother had gone to Kopargaon to attend marriage ceremony. On the same day, at about 6:00 to 6:30 p.m., PSI Avhad (appellant) and other police staf carried out prohibition raid in the village. They also visited the complainant's house and asked whereabouts of the complainant's younger brother. They also told that his brother had fed away after throwing the liquor and further asked to bring him to the police station on the next day.

(3.) According to complainant, on 09/03/1988, his younger brother met him when he narrated the incident of prohibition raid dtd. 07/03/1988. The complainant's younger brother told him that he had been to Kopargaon. In the afternoon, the complainant visited Police Station, Yeola and met PSI Avhad. PSI Avhad again asked the complainant to bring his brother and also Rs.500.00 for bail along with surety on the next day. The complainant pleaded that the amount of Rs.500.00 was exorbitant and therefore, said PSI Avhad reduced the said amount to Rs.350.00 and accordingly asked him to come along with his brother on 11/03/1988 and get his brother released on bail.