ANILKUMAR UTTARESHWAR NILAKHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Two separate Appeals are filed by the two appellants on being convicted in Special Case No.20/2000 by the Special Judge under the Prevention of Corruption Act, 1988, (for short 'the P.C Act') on 15/12/2008.

(2.) Heard Advocate Raviraj Parmane for the appellant/ accused no.1 (Appeal No.91/2009) and Advocate Satyavrat Joshi for accused no.2 (Appeal No.94/2009). I have also heard the learned APP Mr.Agarkar for the State and also perused the Record and Proceedings placed before me.

(3.) Accused no.1, working as Junior Engineer in Building Department of 'L' Ward, Brihan Mumbai Mahanagar Palika, the public servant within the meaning of Sec. 2(c) of the Prevention of Corruption Act, was charged for attempting to obtain Rs.6,000.00 on or about 24/6/1999 from the complainant Sanjay Kanade, as illegal gratification other than the legal remuneration as a motive or reward for showing favour to the complainant by not demolishing the unauthorised structure of his mezzanine floor of the printing press situated at Shop No.3, Kurla, Mumbai. He was charged for committing an offence punishable u/s.7 of the P.C. Act for attempting to obtain illegal gratification on 3/5/1999 and 4/5/1999.