AMRUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the order of conviction and resultant sentence dtd. 28/3/2005, passed by Special Judge, Aurangabad in Sessions Case No.22/2001. Vide impugned judgment and order, the original appellant was convicted for the offences punishable under Ss. 7, 13(1) (d) read with 13(2) of the Prevention of Corruption Act, 1988 and, therefore, sentenced to suffer rigorous imprisonment for six months and one year respectively with direction to pay fine of Rs.250.00 on each count. In default of payment of fine, he was directed to undergo simple imprisonment for one month.

(2.) Facts giving rise to the present appeal are as follows :-

(3.) It is also the case of the prosecution that the complainant again went to Mahanubhav Ashram Police Chowki on 29/5/2001. The original appellant (since deceased) was present there. He recorded the statements of two persons named in the complaint as witnesses. He made a demand of Rs.1000.00 to act upon the police report and arrest Dr. Hameed. The complainant's friend Raju Khotkar and Nasiroddin were in his company. Again on 30/5/2001, the complainant went to the Police Chowki. The original appellant again made a demand. The complainant told him that he could pay only Rs.500.00. He, therefore, asked the complainant to come with money. Since the complainant did not want to pay bribe, he approached Anti-Corruption Bureau. The officer there recorded the complaint (Exh.17). It was decided to lay a trap. Presence of two Government officials was secured to act as panch witnesses. Pre-trap panchanama (Exh.22) was drawn. The complainant and the witnesses were duly instructed.