ANIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dtd. 22/03/2012 passed by the Special Judge, Gadchiroli in Special (ACB) Case No.5 of 1996, convicting the Appellant/Accused for the offence punishable under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "Act of 1988") and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rupees One Thousand, in default to undergo simple imprisonment for two months for the offence punishable under Sec. 7 of the Act of 1988 and rigorous imprisonment for three years and to pay a fine of Rupees Two Thousand in default, to undergo further simple imprisonment for three months for the offence punishable under Ss. 13(1)(d) and 13(2) of the Act of 1988.

(2.) The prosecution story, in brief, is as under: Complainant Yadeorao was intending to have a telephone connection of B.S.N.L. at his residence. He filled the form and also deposited Rs.1200.00 as asked by the concerned officer. However, after waiting for long period he met the accused, thereupon, he demanded Rs.2,000.00 for early installation. However, when the complainant was not interested in the telephone connection and sought withdrawal of the deposited money, the accused reduced the amount and asked him to pay Rs.1500.00 for early installation.

(3.) Again on 01/06/1996, when the complainant met the accused, he asked him whether he brought Rs.1,500.00. However, as the complainant was not intending to give bribe, he approached the AntiCorruption Bureau, Gadchiroli on 04/06/1996.