NIVRUTTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The judgment and order of conviction recorded by the Additional Sessions Judge/Special Judge, Beed in Special Case No. 12 of 1998 dtd. 7/4/2004 has been questioned by filing instant appeal.

(2.) PW1 Parmeshwar (informant) approached accused appellant, who was Talathi, on 10/2/1997 for issuing 7/12 extract. Accused demanded Rs.300.00 for the same. Informant was not willing to pay and therefore he approached ACB authorities and lodged report Exhibit 14 on the basis of which, ACB authorities planned and arranged trap, arranged pancha and explained both, pancha and informant, the procedure of trap. Both, complainant and pancha, were made to approach appellant. Informant was instructed to pay tainted currency on demand. During visit to Talathi office, demand was made and after handing over tainted currency, PW1 informant gave signal upon which, raid was carried out and appellant was apprehended. PW6 Dy.S.P. Bhokare carried out investigation and chargesheeted accused for commission of offence punishable under Ss. 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 [PC Act].

(3.) Special Judge conducted trial vide Special Case No. 12 of 1998 and by his judgment and order dtd. 7/4/2004, accepted the case of prosecution as proved and recorded conviction for the above offence, which is assailed by filing instant appeal.