DADASAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/accused prays for quashing and setting aside the judgment and order of conviction and sentence dtd. 03/03/2007, passed by the learned Special Judge, Jalna, Dist. Jalna in Special Case No.10/2004 (PCA), convicting him for the offence punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short 'the said Act').

(2.) The prosecution case in brief is as under :-

(3.) On completion of investigation, P.I. Yerule filed charge- sheet against appellant/accused in the Court. Thereafter, the charge came to be framed against appellant/accused at Exhibit 3 for the offence punishable under Sec. 7, 13(1) (d) read with Sec. 13(2) of the said Act. Appellant pleaded not guilty and claimed to be tried. The defence of the accused is that of total denial to the case of prosecution. Accordingly, his plea was recorded at Exh.4. The defence of the accused is that of total denial to the case of prosecution. The specific defence of the accused from his statement under Sec. 313 of the Code of Criminal Procedure is that complainant had obtained hand loan from him and when he started demanding the said amount, the complainant did not like it and falsely involved him in this crime, and, therefore, he accepted that amount.