MOHAN BHAIYYALAL SHRIVASTAVA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (the accused) has challenged judgment and order of conviction and sentence dtd. 25/4/2005 passed by learned Special Judge, Akola in Special Case No.4/1998 whereby the accused is convicted for offences punishable under Ss. 7 and 13(2) of the Prevention of Corruption Act, 1988 (the said Act). For offence under Sec. 7 of the said Act, the accused is sentenced to suffer rigorous imprisonment for six months and to pay fine Rs.500.00, in default, to suffer simple imprisonment for two months. For offence under Sec. 13(2) of the said Act, the accused is sentenced to suffer rigorous imprisonment for one year and to pay fine Rs.500,.00 in default, to suffer simple imprisonment for two months.

(2.) Brief facts of the prosecution case emerges as under:

(3.) After receipt of the report, officers of the Anti Corruption Bureau called two panchas. In presence of the panchas, the complainant narrated the incident which was verified by the panchas from the First Information Report. After following due procedure, it was decided to conduct a raid and the panchas and complainant were called on the next date i.e. 17/10/1997. On 17/10/1997, the complainant produced tainted currency notes of Rs.700.00 i.e. seven currency notes of Rs.100.00 denomination. A demonstration, as to use and characteristics of phenolphthalein powder and sodium carbonate, was shown. The said solution was applied on the tainted amount and kept in the shirt pocket of the complainant. Some instructions were given to pancha No.1 Kisan Bodiram Rathod to stay with the complainant and pancha No.2 was asked to stay along with the raiding party members. The complainant was further instructed to hand over the amount only on demand. Accordingly, a pre-trap panchanama was drawn.