SHARWAN RAGHOBAJI HEDAU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is one of the two accused persons, who were tried in Special Case No. 17 of 1987 in the Court of Special Judge, Nagpur, under sections 161, 165-A, Indian Penal code, and section 5 (l) (d) , read with section 5 (2) of the Prevention of Corruption act, 1947. The learned Special Judge held the appellant-accused guilty for offences punishable under section 5 (l) (d) , read with section 5 (2) of Prevention of Corruption Act and section 161 of Indian Penal code, and sentenced Rigorous Imprisonment for one year and to pay fine of Rs. 300-00; and sentenced, in default, to suffer rigorous imprisonment for one month on the first count, and Rigorous imprisonment for one year on the second count.

(2.) The judgment of conviction is challenged on various grounds. First group of points of challenge pertains to the question as to proof of demand of amount of bribe, payment thereof, recovery etc. , as well that the amount of bribe is trivial. Second limb of challenge is based on the plea that the entire prosecution stands vitiated in view of sanction being not legally and properly ordered, as well as not being duly proved before the Special Judge.

(3.) After hearing the learned Advocate for the appellant and learned Additional public Prosecutor, this Court is of the view that the point of sanction goes to the root of the case and it would suffice if the case is decided based on that point.