TRAMBAK RAMBHAU SADGIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged the judgment and order dtd. 6/2/2014 passed by the Additional Sessions Judge, Nashik in Special Case No.2/2009. By the impugned judgment and order, the appellant was convicted for commission of the offense punishable under Sec. 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the P.C. Act") and was sentenced to suffer RI for six months and to pay fine of Rs.2,000.00 and in default of payment of fine to suffer further RI for one month. The appellant was also convicted for commission of the offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of the P.C. Act and was directed to suffer RI for one year and to pay fine of Rs.3000.00 and in default of payment of fine to suffer further RI for one month.

(2.) Heard Shri Satyavrat Joshi, learned counsel for the appellant and Smt M.R. Tidke, learned APP for the RespondentState.

(3.) The prosecution case is that the appellant was working as the Soldier Welfare Organizer with the office of the District Soldier Welfare Office. The complainant was earlier working as a Gunner in 116 Para Regiment from 1982 to 1989 at Deolali and then he worked as Anti-Malaria Lashkar in Air Force (South) at Deolali. In August 1994, he received a call from the Maharashtra State Road Transport Corporation (for short, 'MSRTC'). He worked at ST Depot Palghar upto 2003 and then he was transferred to ST Department, Nashik. He made correspondence with the ST Department for fixing his pay-scale. He was not getting the pay-scale as he was entitled to and therefore he entered into correspondence with the ST Department, but, he did not get any response and therefore he approached the District Soldier Welfare Office and requested them to enter into correspondence with the ST Department. The office accordingly sent letters to ST Department, but, the complainant's grievance was not redressed. Therefore he wanted the office to send a reminder to the ST Department. For that purpose, he approached the appellant. The appellant demanded Rs.200.00 for sending a reminder to the ST Department. the complainant did not want to pay the bribe. He approached the Anti Corruption Bureau, Nashik. He gave his complaint. An arrangement was made to lay a trap. Demonstration of using anthracene powder was given to the complainant in the presence of two panchas. The trap party went to the office of the appellant. One of the panchas remained with the complainant. It is the prosecution case, that, the appellant accepted the amount of Rs.200.00 from the complainant. He was caught at the spot. Thereafter FIR was lodged at Sarkarwada police station Nashik vide C.R. No.3009/2008. During the course of laying trap, pre-trap panchnama and post-trap panchnama were made. The investigtion was carried out. The sanction was obtained from the Sanctioning Authority i.e. the Director of Sainik Welfare Department, Maharashtra State on 12/2/2009. The charge sheet was filed. The Special Court took cognizance and the appellant faced the trial. He denied the charges.