TUKARAM RAMDAS PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is aggrieved by the judgment and order dated 29.9.2004 in Special Anti-corruption Case 5 of 1998 delivered by the Additional Sessions Judge / Special Judge, Buldhana, by and under which, the appellant (hereinafter referred to as "the accused) is convicted for offence punishable under section 12 of Prevention of Corruption Act and is sentenced to suffer rigorous imprisonment for one year and to payment of fine of Rs. 1,000/-.

(2.) The gist of the prosecution case is that the accused, who was then working as junior clerk in the Tahsil office, Deulgaonraja, District Buldhana accepted an amount of Rs. 200/- as illegal gratification from the complainant Dilip Khillare as consideration for receiving licence to open a road side restaurant (Dhaba).

(3.) The complainant Dilip Khillare is resident of Deulgaonraja and is the owner of agricultural land admeasuring 5 acres or thereabout situated at Deulgaonmahi. Dilip Khillare desired to open a Dhaba on the said land and to the said end to obtain loan from District Industrial Center, Buldhana, one condition for obtaining finance was that the Tahsil office should issue no objection to start Dhaba. The complainant approached the Tahsil office, Deulgaonraja, accused 1 Dhundu Bhopale who expired prior to the commencement of trial was the senior clerk and appellant / accused was the junior clerk in the said office. The complainant met the appellant who directed the complainant to meet one Chakurkar. The said Chakurkar made an endorsement on the application that licence be issued on producing the prescribed bond and other documents and referred the application to appellant / accused. The complainant was asked to produce no objection certificate of Grampanchayat, site map, Kisan Vikas Patra of Rs. 500/- and 7/12 extract of the land.