KISHAN IRBHAJI WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment dtd. 27/7/2007 passed by learned Special Judge, Nanded in Special (ACB) Case No.9 of 2004. Vide the impugned judgment, the appellant herein has been convicted for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 ("P.C. Act", for short) and therefore, sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.3,000.00; and to undergo simple imprisonment for one year and to pay fine of Rs.4,000.00, respectively.

(2.) The facts in brief, giving rise to the present appeal, are as follows.

(3.) PW 1 - Ganesh (complainant) would run S.T.D. booth at village Mandvi, Tq. Kinwat, Dist. Nanded. His mother runs a licensed country liquor shop. He would assist his mother in running the said shop. Dharmendra, son of the complainant's brother, would assist the complainant in running S.T.D. booth. The complainant's brother - Jagannath is addicted to liquor. He had obtained permit for consumption of liquor. It so happened that Dharmendra and the complainant's servant - Arjun were proceeding on motorbike on 18/4/2004. They were carrying two box containing country liquor bottles. The appellant herein was serving as Head Constable with Mandvi Police Station. He, on 18/2/2004, intercepted both of them. Took them to police station and registered a crime. The complainant had, therefore, been to the police station. The appellant told the complainant to have registered a crime for possession of illicit liquor and even proposed to file a chapter case. The complainant requested the appellant not to file the chapter case. The appellant, therefore, made demand of Rs.1,000.00 as bribe. The complainant asked for four days' time to pay the appellant bribe. He (appellant) agreed.