SANJAY WASUDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (the accused) has challenged judgment and order of conviction and sentence dated 26. 10.2016 passed by learned Special Judge, Special Court for ACB, Nagpur (learned Judge of the trial court) in Special (ACB) Case No.04/2010 whereby he is convicted for offence punishable under Sec. 8 of the Prevention of Corruption Act, 1988 (the said Act) and sentenced to undergo rigorous imprisonment for three years and to pay fine Rs.2000.00, in default, to undergo rigorous imprisonment for two months.

(2.) Brief facts of the prosecution case are as under:

(3.) The accused was working as Junior Clerk in the said court. The evidence of the prosecution was closed and the matter was fixed for final arguments on 21/3/2009. A week prior to that, he allegedly demanded Rs.35,000.00 in order to get acquittal of the complainant of the said case. As per allegation, he assured the complainant that he will manage the Presiding Officer and he exchanged his mobile number with the complainant. He and the complainant had conversations on eight to ten occasions and during that conversations, the complainant requested him to reduce the amount. After negotiation, he told the complainant that he has to pay amount Rs.25,000.00, else his work will not be done. On 19/3/2009, the complainant made a phone call to him and informed him that he is unable to pay this much amount. On that, the accused asked to pay Rs.10,000.00. On the next date, i.e. 20/3/2009, between 3:00 to 4:00 pm, the complainant was called by the accused in the court's canteen and also asked him to pay the remaining amount after 3-4 days. As the complainant was not desiring to pay the amount, on 20/3/2009 he approached the office of the Anti Corruption Bureau at Nagpur and lodged a report.