SAYYAD SHAKIL SALAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (the accused) has challenged judgment and order of conviction and sentence dtd. 28/2/2019 passed by learned Special Judge (under Prevention of Corruption Act), Bhandara (learned Judge of the trial court) in Special Criminal (ACB) Case No.18/2015 whereby he is convicted for offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 (the said Act) and sentenced to undergo rigorous imprisonment for one year and to pay fine Rs.5000.00, in default, to undergo rigorous imprisonment for one month. He is also convicted for offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of the said Act and sentenced to undergo rigorous imprisonment for one year and to pay fine Rs.5000.00, in default, to undergo rigorous imprisonment for one month.

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

(3.) After receipt of the complaint, officials of the bureau called two panchas. The complaint was read over to panchas and they have also obtained information of the complainant. The complainant was called on the next day i.e. 28/1/2015 with the bribe amount. The complainant produced fifteen currency notes of Rs.1000.00 denomination and ten currency notes of Rs.500.00denomination. The demonstration as to anthracene powder and ultra violate lamp was shown to the complainant as well as panchas. The voice of pancha No.1 was recorded in Digital Voice Recorder. Accordingly, pre-trap panchanama was drawn.