RAMESH RAMDAS VAIDYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant challenges his conviction and consequent sentence passed by the Special Judge, Nashik, for offences punishable under section7 and sections 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988. THE case of the prosecution against the appellant is as below :

(2.) THE complaint against the appellant was filed by one Vikas Patil, P. W.1. He had constructed a house on Plot No. 95, City Survey No. 1360/1. He therefore approached the appellant who was at the relevant time serving in the DILR office at Nashik as maintenance Surveyor. THE documents as required viz. 7 X 12 extract, will of the grand-father bequeathing the property to the complainant's mother, tax receipt, commencement certificate etc. were produced. THE bequeath was in the name of the complainant's mother by the grand father and therefore, the accused who was working as Maintenance Surveyor wanted to record the statement of his mother and asked the complainant to bring her. According to the complainant accused also demanded Rs. 1,000/- for doing the work earlier and on his request, the complainant gave an advance of Rs. 500/- at the time of recording of statement of his mother and the remaining Rs. 500/- were to be paid after completion of the work. Accused called upon the complainant to bring his mother in February, 1990 along with Rs. 500/- and accordingly on5-2-1990 the complainant paid Rs. 500/- to the accused and accused recorded the statement of complainant's mother which statement is at Exh.31. THEreafter the complainant approached him time and again, but the accused was insisting on payment of balance of Rs. 500/ -.

(3.) ACCUSED pleaded not guilty to the charge. His defence was of denial.