RAMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order of conviction dtd. 25/11/2005 passed by learned Judge, Special Court, Ahmednagar in Special Case (A/C) No. 2 of 2001 tried for offence punishable under Ss. 7, 13(2) r/w Sec. 13 (1)(d) and Sec. 12 of the Prevention of Corruption Act, 1988, original accused/convicts have preferred instant appeal.

(2.) In brief, prosecution was launched by Anti Corruption Bureau [ACB], Ahmednagar setting up a case that accused nos. 1 and 2 were police constables attached to Shrigonda Police Station. That, complainant, owner of a jeep, was repeatedly obstructed and demand of hapta of Rs.300.00 was made. That, one time even his vehicle was asked for their proposed journey to Shirdi. He had refused to lend his vehicle as there were other passengers in his vehicle. Therefore, above demand was repeatedly made form him and so he finally approached Anti Corruption Department and lodged complaint with Dy.S.P. who arranged a trap and accordingly, on 10/7/2000, demand of Rs.300.00was made by accused from complainant as graft and it was duly accepted. Hence, above charges.

(3.) On being chargesheeted, accused were tried by Special Court vide Special Case (A/C) No. 2 of 2001 during which prosecution examined PW1 complainant, PW2 Aswale who acted as pancha and PW3 Spl. Inspector General of Police. Relying on their testimonies, learned trial Judge convicted both accused and the same is now assailed by them before this court on various grounds raised in appeal memo.