MOHAMMED SAMIUDDIN SIDDIQUI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dtd. 17/3/2005 passed by Special Judge (P.C. Act), Aurangabad in Special Case No. 14 of 2003 convicting the original appellant (deceased) for the offence punishable under Ss. 7 and 13(2) of the Prevention of Corruption Act, 1988 ('P.C. Act') and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.500.00 for each offence, in default, to suffer further rigorous imprisonment for one month.

(2.) The original appellant/convict passed away pending the appeal. His widow, therefore, came on record to prosecute the appeal. The facts, giving rise to the present appeal, are as under :-

(3.) The original appellant was serving as a Maintenance Surveyor with City Survey Office, Aurangabad. P.W.2 - Mohd. Yehsan Quadri (complainant) had bought a house in the name of his wife. The house was sold to one Abdul Hameed for Rs.1,70,000.00. Name of the purchaser - Abdul Hameed was to be recorded in the city survey record. Property Registration Card ('P.R. Card') stood in the name of erstwhile owner. The complainant had, therefore, moved an application (Exh.17) dtd. 17/3/2003 to the city survey office for recording his wife's name in the P.R. Card. The file was to be processed by the original appellant. He dalyed to do the needful. When the complainant met him requesting for processing his application at the earliest, he made demand of Rs.200.00. The complainant, therefore, lodged the complaint (Exh.15) with the office of Anti-Corruption Bureau, Aurangabad ('A.C.B.') on 28/4/2003.