SUDHAKAR VASANT PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal under Sec. 374 of Cr.P.C. directed against the Judgment and Order dtd. 26/4/2013 in Special Case No.12 of 2010. By the impugned judgment, the learned Special Judge, Raigad, Alibag, has held the Appellant guilty of the Ofences under Sec. 7, 13(1)(d) r/w. 13(2) of Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for a term of 3 years with fne of Rs.10,000.00 i.d. to undergo rigorous imprisonment for 9 months in respect of each of the two ofences. Whereas, the co-accused Rakesh Jadhav has been held guilty of ofence under Sec. 12 of Prevention of Corruption Act and sentenced to undergo r.i. for a period of three years with fne of Rs.5000.00 I.d. to undergo r.i. for a period of nine months.

(2.) Briefly stated, it is the case of the prosecution that the Complainant- Shivlal Lambaji Patel (PW1) is a scrap dealer. He is carrying on the business in the name & style as Bhavani Scrap Material and Paper Mart, in Sector 13 at New Panvel. In December 2008, four policemen visited his shop with one accused person who claimed to have sold 35kg of stolen copper to him. The Complainant-Shivlal was taken to Kalamboli Police Station for inquiry. It is alleged that the Appellant Sudhakar Patil, a head constable of Kalamboli Police Station demanded Rs.30,000.00 from the Complainant to absolve him of the ofence in the said crime. They both negotiated and scaled down the bribe amount to Rs.15,000.00 which was paid by the Complainant.

(3.) It is the case of the prosecution that the Appellant also demanded Rs.3000.00 per month to be paid on 25th day of every month for allowing transportation of scrap material without being checked. The Complainant complied with the demand and paid Rs.3000.00 every month to accused No.2 Rakesh Jadhav, who used to collect the said money on behalf of the Appellant.