RUSTAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 13-4-1999 passed in Special Case No.1/1995 by the learned Special Judge, Washim, by which appellant/accused came to be convicted under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and is sentenced to suffer rigorous imprisonment for three years on both these counts and to pay a fine of Rs. 3,000/-, in default to suffer rigorous imprisonment for three months.

(2.) Briefly, prosecution case can be stated as under :-

(3.) Complainant since was not intending to make payment of said amount, attended office of Ante Corruption Bureau, Akola on 27-12-1993 and lodged his report. Complainant was directed to attend the office on the following day. Accordingly, he remained present, when he was introduced to two panch witnesses and panch witnesses were introduced to him. They were given demonstration of effect of phenolphthalein powder with sodium carbonate solution by which they realised that when said powder comes into contact with sodium carbonate solution, solution turns into violate colour. Complainant thereafter produced bribe amount of Rs. 400/- consisting three notes of Rs. 100/- each in denomination and two notes of Rs. 50/- each in denomination. Serial numbers of these notes were noted in the pre-trap panchanama. Phenolphthalein powder was smeared upon these notes from both of its sides and those were kept in shirt pocket of complainant with instructions to complainant to not to touch the same and to make payment only on demand by accused. He was further instructed to give signal by scratching his head on paying the bribe money.