RAGHUNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Appeal is by original Accused Raghunath Balasaheb Karale, against Judgment and Order of conviction in Special Case (AC) No.6 of 2008 passed by Special Judge, Osmanabad, convicting the Appellant (hereinafter referred as "Accused") for offence under Section 7 and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred as "the Corruption Act"), sentencing him to suffer Rigorous Imprisonment of One Year and to pay fine of Rs.1,000/ - (Rupees One Thousand), in default, to suffer two months further Rigorous Imprisonment on both counts in total.

(2.) IN brief, the Case Of Prosecution is as under: -

(3.) BEFORE the Trial Court, the prosecution brought on record the evidence of Complainant Yuvraj Yede (PW -1), the Panch Hemant Patki (PW -2) and Dy. S.P. Mohammad Yunus (PW -3). The Trial Court considered the evidence brought by the prosecution as well as the defence raised by the Accused and found that the Accused was a public servant and that in discharge of his duty as Sectional Engineer of Zilla Parishad, had the duty to provide layout plan and map of the construction work of drainage done and to do so, had demanded Rs.7000/ - from the complainant and settled to accept Rs.2000/ - and did, in fact on 12th April 2007, receive the amount as illegal gratification as a motive for providing layout plan and map of works done. The amount was accepted as motive for supplying layout plan and map and thus the Accused secured pecuniary advantage of Rs.2000/ - by corrupt or illegal means by abusing his position as public servant. The Trial Court discarded the defence that the amount had been accepted at the house of Accused as refund of hand - loan which was taken by the complainant. With such findings, the Trial Court proceeded to convict the accused as mentioned above.