JAGDISH DHANURDHAR KALBAGE Vs. STATE OF MAHARASHTRA THROUGH

JUDGEMENT

(1.) The appellant seeks to assail judgment and order dated 06.05.2002 in Special Case 1/1999 delivered by the Special Judge, Washim by and under which the appellant is convicted for offences punishable under sections 7, 13(1)(d) read with section 13(2) of Prevention of Corruption Act, 1988 and is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1000/-.

(2.) Shri Ahirrao, the learned counsel for the appellant would urge that the judgment impugned militates against the established position of law that proof that the accused demanded illegal gratification and voluntarily received the same is a sine quo none for constituting offences punishable under sections 7 or 13 (1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act"). He would further urge that the reasoning of the learned Trial Court for holding that the demand is proved dangerously borders on perversity.

(3.) The learned counsel Shri Ahirrao, relies on the recent judgment of the Apex Court in Mukhtiar Singh (since deceased) through his L.R. vs. State of Punjab 2017(7) SCALE 702 and in particular on the observations of the Hon'ble Supreme Court in paragraph 14, 15 and 25, which read thus: