NATHA BHAU DABHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and order dated 13-11-90, passed by the learned Special Judge, Sangli in Special Case No. 5 of 1986, wherein the learned Judge acquitted original accused No. 2 and convicted the appellant-original accused No. 1 for the offences punishable under sections 161 of I. P. C. and under section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced him to suffer R. I. for one year and to pay a fine of Rs. 500/-, in default, to suffer R. I. for 3 months for the first count and to suffer R. I. for one year and to pay a fine of Rs. 500/-, in default, to suffer R. I. for 3 months for the second count. Both the sentences were ordered to run concurrently.

(2.) THE appellant alongwith another accused were charged for the offences punishable under sections 161 and 165 of I. P. C. and under section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act, for demanding and accepting illegal gratification for a sum of Rs. 1,200/- on 30-9-85.

(3.) THE prosecution case in short is that, at the relevant time, the appellant was working as a Senior Clerk in the office of Superintending Engineer, Environmental Engineering Circle, Sangli. It is alleged that the appellant has demanded Rs. 1,500/- from the complainant Adinath Devappa Magdum, P. W. 1, through original accused No. 2 as illegal gratification for securing permanent posting order in the same office as Tracer. According to the prosecution, the complainant P. W. 1 Adinath agreed to pay Rs. 1,200/- as part payment against the demand of Rs. 1,500/ -. The demand alleged to have been made on 16-9-85 and thereafter, the complainant P. W. 1 informed A. C. B. and lodged complaint against the appellant and other accused who was working as Assistant Draftsman in the same department. Accordingly, a trap was arranged and carried out on 30-9-85 at about 20. 15 hrs. at Sangli on public road in front of hotel Kohinoor. It is the prosecution case that original accused No. 2 Raghunath Anandrao Pandhare accepted Rs. 1,200/- from the complainant and handed over to the appellant-accused and at that time, they were caught red handed by the raiding party of A. C. B.