SOPAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant (accused) has challenged judgment and order of conviction and sentence dtd. 15/5/2015 passed by learned Special Judge, Gadchiroli (learned Judge of the trial court) in Special Case No.2/2013.

(2.) By the said judgment and order of conviction impugned, learned Judge of the trial court convicted the accused for offences punishable under Ss. 7 and 13(2) of the Prevention of Corruption Act, 1988 (the said Act) and sentenced him to suffer rigorous imprisonment for one year and to pay fine Rs.10,000.00, in default, to suffer simple imprisonment for six months.

(3.) Brief facts of the prosecution case emerges from police papers and recorded evidence are as under: One Shobha Raju Gundawar, was complainant. She was retail kerosene dealer at Bori, taluka Aheri, district Gadchiroli. The accused was serving as Police Inspector and was attached to Aheri Police Station. On 5/2/2011, the accused visited her house and verified stock of kerosene and found 401 liters kerosene in excess. She approached the accused and, as per allegation, the accused demanded Rs.20,000.00 for non-registering the offence and to file a favourable reply in her anticipatory bail application. It is further alleged that on 2/3/2011, when she was released on bail, the accused contacted her and demanded Rs.20,000.00 from her. She agreed to pay Rs.10,000.00 within 4-5 days and remaining Rs.10,000.00 later on. On 6/3/2011, at about 1:30 pm, as per allegation, one Linga Durge came to her house and the accused demanded the same amount by calling on the mobile phone of said Linga. She was asked to pay the amount by 9/3/2011. As she was not wiling to pay the amount, she approached the Anti Corruption Bureau, Gadchiroli and lodged report on 8/3/2011.