SUDHAKAR AMBADAS LAKHPATI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 19-11-1998 passed by the learned Special Judge, Washim in Special Case No. 8/1994, thereby convicting the appellant for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The appellant is sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 300/-, in default to suffer rigorous imprisonment for one month for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988. The appellant is also sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default to suffer rigorous imprisonment for 1-1/2 months for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) The case of prosecution can briefly be stated as under :-

(3.) In that circumstance, on 17-12-1990 the complainant met the District Collector, Akola and stated about the demand made by accused by making an application. The District Collector accordingly forwarded complainant's application to the authorities of Ante Corruption Bureau, Akola. On receipt of said application, P.W.5-Dashrath Gawande, Police Inspector, Ante Corruption Bureau asked the complainant to contact accused and to fix the date for making payment of bribe amount of Rs. 500/-. Accordingly, on 18-12-1990 the complainant met accused in Tahsil Officer. On that day, accused issued challan for Rs. 760/- and asked the complainant to deposit the said amount in the bank and to collect the permissions on the following day. It is the case of prosecution that on that day i.e. on 18-12-1990 accused told complainant to bring Rs. 300/- and without payment of said amount he would not issue the permissions to the complainant. Thus, the complainant on the same day visited the office of Ante Corruption Bureau and lodged his complaint.