SARFRAZKHAN UMDARDAAX KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by his conviction for offences punishable under section 7 and section 13 (l) (d) read with section 13 (2) of the prevention of Corruption Act recorded by the: learned Special Judge, Amravati, in Special Case No. 12 of 1989 on 2-5-1997, the accused therein has preferred this appeal.

(2.) Facts, which led to prosecution of the appellant, are as under: complainant Suresh had a dispute about cultivation of land belonging to one Chandrakalabai. One Awdhoot, who is the son of Savitribai and who had purchased two acres of land from Laxman, the: brother-in-law of Chandrakalabai, had objected to complainant Suresh's harvesting hybrid Jawar crop in the year 1988. On a report by Awdhoot, Suresh and his wife had been arrested by daryapur Police. The accused was the Investiigating Officer in that case. Suresh and his wife had been produced before the Magistrate and had been admitted to bail. Charge-sheet in the case, bearing Criminal Case No. 176 of 1988, under section 379 of the Penal Code had already been filed.

(3.) A few days before 20th December, 1988, accused ASI Khan told complainant Suresh that the accused could convince Awdhoot and Awdhoot's father-in-law Akaram Bakde to get the matter compromised. The accused demanded a sum of Rs. 100/- for bringing about that compromise and asked suresh to pay that amount on 20th December, 1988 near Daryapur S. T. Bus stand at about 4 to 5 p. m. The complainant agreed, but went to Anti-Corruption bureau and gave a complaint.