MANOJ SHANKAR DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is filed by sole Accused challenging the judgment and order dtd. 23/07/2004 passed by Special Judge under Prevention of Corruption Act, Pune in Special Case No. 14 of 2002. By the said impugned judgment and order, the Appellant is convicted under Sec. 7 of the Prevention of Corruption Act, 1988 ('PC Act' for short) and is sentenced to suffer rigorous imprisonment for a period of one year and six months and to pay fine of Rs.2000.00 and in default suffer further rigorous imprisonment for three months. The Appellant is also convicted under Sec. 13(1)(d) r/w. 13(2) of PC Act and is sentenced to suffer rigorous imprisonment for a period of one year and six months and to pay fine of Rs.2000.00 and in default suffer rigorous imprisonment for three months. The substantive sentences are directed to run concurrently.

(2.) The case of the prosecution in short is as under.

(3.) The defence of the Appellant as appearing from the cross-examination of witnesses and from his statement recorded under Sec. 313 of the Criminal Procedure Code, 1973 ('Cr.PC.' for short) appears to be that the amount of Rs.1500.00 was accepted by the Appellant towards pending licence fees for carrying out fishing in Manik-Doh dam with the help of 'Odhap' net and this amount was legally recoverable. The Appellant had stated under question/answer no.33 of his statement under Sec. 313 of Cr.PC. that the government had given fishing contract for 5 years to brother of the Complainant, which was cancelled and the security amount was seized and order was issued to recover the amount of pending contract. That therefore the Complainant was annoyed. That the Complainant and his brother were doing fishing in the dam without valid licence and therefore the Complainant's boat was seized by the government and therefore the Appellant has been falsely implicated.