VASANT Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order passed on29/11/2002 by Judge of the Special Court under Prevention of Corruption Act in Special Case No.9 of 1993 thereby convicting the present appellant, who was accused No.1, of the offences punishable under Section 7 and 13(2) read with Section 13(1)(d) of the Name of respondent No.2 deleted as per order dtd.7/2/2003, Prevention of Corruption Act, 1988 (hereinafter called as "the P.C. Act", for short).

(2.) Briefly stated, facts of the case are as under.:

(3.) Learned Counsel for the appellant submits that at the relevant time no official work was pending with the appellant and to the knowledge of the complainant, whatever work was there, it was to be done not by the present appellant, but by his coaccused Ashiwinikumar Lad. He submits that there are admission given by the witnesses of the prosecution in this regard and, therefore, the necessary ingredients required for proving of the offence of illegal obtaining of gratification as a motive or reward for official work has not been convincingly proved by the prosecution and as such the appellant deserves to be acquitted of the offence punishable under Section 7 of the P.C. Act. He also submits that even the acceptance of the bribe amount or valuable thing has not been proved beyond reasonable doubt by the prosecution and, therefore, even the other offence punishable under Section 13(2) of the P.C. Act has not been proved by the prosecution against the appellant.