NARESH DASRAO SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the appeals are arising out of the same trial and the same judgment and hence are taken up together. The appellant in appeal No. 39/2012 is original accused No. 1 and the appellant in appeal No.40/2012 is original accused No.2. The judgment under challenge is the judgment passed by the learned Additional Sessions Judge, Nanded in Special (ACB) No. 01/2009 dtd. 27/2/2011. Both the accused persons are held guilty of the offences punishable under Sec. 7 read with Sec. 12, Sec. 13(1)(d) r/w 13(2) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.2000.00 in default to suffer rigorous imprisonment for one month each for the offence punishable under Sec. 7 r/w 12. They are directed to suffer rigorous imprisonment for three years and to pay fine of Rs.2000.00 in default to suffer rigorous imprisonment for one month each. Sentences are directed to run concurrently.

(2.) Story of the prosecution in short is that one Ganesh lodged a complaint with the Anti Corruption Bureau, Nanded (hereinafter referred to as 'the ACB'). It is alleged that the complainant was appointed at Loha Police station. However his service would be at Police Headquarter, Nanded. Due to some family problem he made an application to Inspector of Loha Police Station to take him back to Loha Police Station. He also gave a copy of the application to Dy. S. P., Nanded on 03-10- 2007. Dy. S. P. made an endorsement to the effect that the complainant be sent back to Loha Police Station directing accused No.1 to prepare an order. When the complainant approached accused No.1 he demanded bribe amount of Rs.1500.00 for issuing an order.

(3.) On the basis of complaint, ACB decided to lay a trap. At the time of trap the complainant and the panch witness went to the police station. They were directed to give signal if the amount is demanded and accepted by the accused. Raiding party was also following the complainant. Raiding party reached at the office of Superintendent of Police at about 05.10. pm. The panch and complainant went to the office of the accused. Accused No.2 came out of the office. The complainant gave signal. After alleged trap the investigation was carried and charge-sheet came to be filed. Sanction was also obtained. The learned Special Judge framed the charges for the offences punishable under Ss. 7 r/w 12, 13(1)(d) & 13(2) of the Prevention of Corruption Act.