MARUTI MAHADEO BORHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order passed by the Learned Special Court, Pune, whereby the appellant has been convicted for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short "the PC Act") and has been sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.1,000.00 each and in default of payment of fine, appellant to undergo further simple imprisonment for one month.

(2.) It is prosecution's case that the appellant was serving as an Office Superintendent in Director of Sports Office, Pune. ComplainantMr. Rangrao Kalmegh approached the appellant for issuance of a No Objection Certificate (NOC) in favour of his daughter-in-law, who was seeking job as a PT Teacher. It is alleged that the appellant demanded bribe of Rs.500.00 for issuing the said certificate. Aggrieved by the said demand, a complaint was lodged with the Anti-Corruption Bureau (ACB), Pune. A trap was arranged on 4/2/2000, and the appellant was allegedly caught red-handed after acceptance of bribe from the complainant.

(3.) After completing investigation, a charge-sheet was filed against the appellant. During pendency of the trial, the complainant passed away. The prosecution has examined three witnesses, PW1-Panch witness, PW2-Sanctioning Authority and PW3-Investigating officer. Considering evidence on record, the learned Special Court has convicted the appellant as referred above.