PRADEEP PURSHOTTAM PIMPERKHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein challenges the judgment and order dated 22.12.2010 passed by the learned Special Judge in Special Case No. 93 of 2004 whereby the appellant is convicted for the offence punishable under section 7 of the Prevention of Corruption Act, 1988 and sentenced to suffer R.I, for three years and to pay fine of Rs. 5,000/- in default to suffer S.I. for six months. He is also convicted for the offence punishable under section 13(l)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 and is sentenced to suffer R.I. for three years and to pay fine of Rs. 5,000/- in default S.I. for six months.

(2.) Such of the facts which are necessary for the decision of this appeal, are as follows :-

(3.) The appellant herein was representing the State as a prosecutor. On 25.3.2003, the Investigating Officer was absent. The next scheduled date was 27.3.2003. The accused was being represented by Advocate Shri Vora. It is alleged that after the matter was adjourned to 27.3.2003, the present appellant had asked the complainant to wait outside the Court. At about 2 p.m., the appellant had allegedly discussed with the complainant the evidence against him. He had asked the complainant to accompany him to his office. At about 2.15 p.m., the appellant had allegedly demanded Rs. 2,000/- as a gratification for favouring the accused and also for receiving Rs. 40,120/- from the Court. The said amount was seized from the complainant in the course of investigation. The complainant had expressed his inability to extend any gratification. The appellant had allegedly threatened the complainant that he will make it sure that the accused would be awarded maximum punishment. The complainant was scared and had given Rs. 300/- and the appellant had instructed him to give the balance amount of Rs. 1700/- on 27.3.2003.