HARISHCHANDRA PRABHAKAR BORKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is challenging the judgment and order dated 24.11.2000, in Special Case 27 of 1988 delivered by the Special Judge, Nagpur, by and under which, the appellant is convicted of offence punishable under section 161 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/- and is also convicted for offences punishable under sections 5(1), 5(d) read with section 5(2) of the Prevention of Corruption Act, 1947 and is sentenced to suffer rigorous imprisonment for 18 months and to pay a fine of Rs. 500/-.

(2.) The prosecution case, shorn of unnecessary details, is that one Rambhau Bankar, a teaching employee of Raje Raghuji Nagar Madhayamik Vidhyalaya, Nagpur, approached the judicial fora against the said management making certain grievances and was successful in obtaining favourable orders from the School Tribunal / this Court. The complainant was entitled to certain monitory benefits by and under the judicial orders. A major portion of the amount due and payable towards the arrears of salary was received by the complainant. However, he did not receive the pay for November and December, 1985 and January, 1986 nor did he receive the amount due towards the difference of increase in salary from December 1983 to October 1985. The complainant, according to the case of the prosecution, was entitled to receive Rs. 10,500 and odd.

(3.) Offences punishable under section 161 of the Indian Penal Code and 5(1), 5(d) read with section 5(2) of the Prevention of Corruption Act, 1947 were registered, the statutory sanction to prosecute the accused was obtained and upon culmination of the investigation, charge-sheet was presented in the Special Court.