LAWS(BOM)-2014-10-162

HIROZ Vs. THE STATE OF MAHARASHTRA

Decided On October 30, 2014
Hiroz Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal takes exception to the judgment dated 7th of January, 2008 passed in Special Criminal Case No. 13 of 2000 by the Special Judge, Nagpur. By this judgment. appellant came to be convicted for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 and is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 2000/-,in default to suffer R.I. for 20 days for the offence punishable under Section 7 of the Prevention of Corruption Act and to suffer R.I. for two years and to pay a fine of Rs. 3000/-in default to suffer R.I. for one month for the offence punishable under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988. In brief, case of prosecution can be stated as under

(2.) On the day of incident, which took place on 2nd of June, 1999, appellant/accused was working as a Clerk in the office of City Survey No. 1, Sadar, Nagpur. Complainant Mirza Beg intended to purchase a plot bearing No. 249 situated at Mahal Nagpur from one Motiram Durugkar and for that purpose he wanted to obtain Property Card in respect of said property from the office of appellant and had accordingly met appellant in his office on 2nd of June, 1999 as he was dealing with acceptance of applications for issuance of Property Card and was issuing the same.

(3.) It is further case of prosecution that after complainant met the appellant, appellant issued him Property Card and demanded Rs. 150/which was accordingly given by complainant and on complainant's giving proposed signal, members of the raiding team arrived on the spot and apprehended appellant by holding both of his hands. The currency notes were recovered from the person of appellant. The appellant has then tendered his written explanation. Fingers of both hands of appellant as well as of complainant were tested under the solution of Sodium Carbonate which turned purple. Investigating Officer then forwarded his complaint (Exh. 12) to Sadar Police Station on the basis of which offence came to be registered and was further investigated. During the course of Investigating, correspondence was made for obtaining sanction for prosecution. On receipt of sanction to prosecute the appellant, chargesheet came to be filed before the Special Court, Nagpur.