MANIKRAO ABAJI THONGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY the present appeal, the appellant original accused, seeks to impung an order of conviction and sentence imposed upon him by the Learned Special Judge, Solapur, on 29-4-1986 in Special Case No. 4 of 1985. By the order, the accused has been convicted under section 161 of the Indian Penal Code and section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act. For the offence under section 161 I. P. C. , he has been sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for 3 months and for the offence under section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act, he has been sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 750/- in default to suffer further rigorous imprisonment for 2 months. The substantive sentences have been directed to run concurrently.

(2.) THE accused was charged in the aforesaid trial for having on the 15. 2. 1985, 21-2-1985, and 23-4-1985 while he was serving as Circle Inspector, demanded a sum of Rs. 250/- from P. W. 1 Hanmant Nalavade as a motive or reward for doing an official act i. e. approving the case papers regarding the inquiry into the application of Henmant for opening a poultry farm under the Scheme of Financial Assistance to educated unemployed and for having finally accepted the said amount on 24-4-1985.

(3.) THE case of the prosecution briefly stated is as under : The complainant P. W. 1 Hanmant had passed his B. Com. But was unemployed. He wanted to start a poultry farm. He, therefore, applied to the Government for grant of assistance. The application was forwarded to the Tahasildar for inquiry. The Tahasildar in turn sent the application to the accused and called for his report.