KISHOR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order dated 31st December, 2009, passed by learned Special Judge, Wardha, in Special [ACB] Case No. 2 of 2000, by which the appellant-accused was convicted of the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, and was sentenced to undergo Rigorous Imprisonment for five years and to pay a fine of Rs. 4,000/-, in default, Simple Imprisonment for six months for the offence punishable under Section 7 of the Prevention of Corruption Act, and Rigorous Imprisonment for seven years and to pay a fine of Rs. 6,000/-, in default, Simple Imprisonment for nine months for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, the appellant-accused filed the present appeal before this Court.

(2.) Case of the prosecution is that the complainant Pramod Gajbhiye wanted to have an electric meter in his house at Pulgaon from the Maharashtra State Electricity Board. Necessary measurement of his house was accordingly made and the appellant, who was working as a Sub-Engineer, told him that the complainant Pramod Gajbhiye will have to pay Rs. 1250-00 as per the assessment made; but Pramod wanted him to reduce the amount, for which the appellant demanded a bribe amount of Rs. 300/- and would reduce the Demand Note from Rs. 1250/- to Rs. 750/-. He then reduced the bribe amount from Rs. 300/- to Rs. 200/-, and lastly brought it down to Rs. 100/-.

(3.) On 6th August, 1999, the complainant again went to the appellant when he asked whether he has brought Rs. 100/-, and was told to bring it on 12th August, 1999. On 12th August, 1999, complainant lodged a complaint with the Anti-corruption Bureau [ACB] against the accused. ACB personnel called Panchas, applied phenolphthalein powder to currency notes and arranged a trap. However, on that day, accused did not turn up in the office. Then the trap was arranged on the next day, namely 13th August, 1999. The appellant demanded bribe and complainant paid the same to him. This was noticed by one Panch who was at the door of office of the appellant-accused. Upon a signal being given, the ACB team caught the appellant red handed with the bribe amount and the bribe amount was taken out from the shirt pocket of the accused. The usual procedure of application of sodium carbonate was undertaken and the solution turned into violate colour no sooner the solution came into contact with phenolphthalein powder. The investigating Officer accordingly confirmed passing of the bribe amount to the accused from the complainant Pramod. Investigating Officer then prepared various Panchanamas, seizures etc. Crime was registered with Police Station, Pulgaon. Charge-sheet was filed. Trial was held. The learned Trial Judge heard the evidence and finally after hearing the parties, convicted the appellant as above.