VINOD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order dated 20th February, 2004 passed by the learned Special Judge, Nanded in Special (ACB) Case No. 2 of 1994 convicting the Appellant for the offences punishable Ss. 7 and 13(2) of the Prevention of Corruption Act, 1988 as under:

(2.) Prosecution case in brief is as under :

(3.) On 13th September, 1993 Complainant Shivram with his cousin Yadav had been to Tahsil office and submitted an application for bail for Madhukar and Ramesh. They were asked to wait till 04:00 pm as learned Magistrate was busy in a meeting. It is alleged that at 04:00 pm when Shivram met the Accused he demanded Rs. 300/ - for releasing Madhukar and Ramesh on bail. Complainant expressed his inability to pay the amount. He however paid Rs. 100/ - to Accused. Madhukar was released on bail on that day. So far as Ramesh was concerned it is further alleged that Accused insisted to pay remaining amount of Rs. 200/ - and that time Complainant told him that he had no money and he would come with Rs. 100/ - on next day.