SAYAJI DASHRATH KAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved by the impugned judgment and order of conviction passed in Special Case No. 4 of 2000 by the Special Judge (P.C. Act), Aurangabad, the appellant/original accused has preferred this appeal.

(2.) The facts giving rise to this appeal in brief are as under:

(3.) The appellant was serving as Sub Divisional Engineer in the Department of Telecommunications at Aurangabad at the relevant point of time. The complainant (PW-1) Devidas Mohite had applied for installation of STD/PCO booth at Aurangabad. One Mr. Anil Agrawal was STD machines dealer and he contacted to the complainant that he should purchase machine from him. Accordingly, the complainant received demand note of Rs.5,000.00, and the complainant deposited the same in the telephone office. The site inspection was conducted when the appellant refused to give connection in the said premises on account of change of site. Mr. Anil Agrawal informed to the complainant that if he wanted to install the STD booth in the same premises, he had to pay Rs.2,000.00. Accordingly, the complainant agreed to pay the said amount. But he was not ready to pay bribe. The complainant went to ACB office at Aurangabad and lodged complaint against the appellant and pre-trap panchanama was prepared. On the very next day, trap was laid in the office of the appellant at 4.40 p.m.. According to the prosecution, the appellant had accepted bribe amount of Rs.2,000.00 from the complainant. The appellant was found with currency notes of Rs.2,000.00 with anthracene power. The post-trap panchanama was drawn. Accordingly, crime No.II-3022 of 1998 came to be registered for the offences punishable under Ss. 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act" for the sake of convenience) at Jawahar Nagar Police Station , Aurangabad. After completing the procedural part and after obtaining the sanction, charge-sheet came to be filed in the special court.