ARJUN BAJIRAO KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the appellant and the learned APP appearing on behalf of the State.

(2.) Appellant has filed this appeal, challenging the judgment and order passed by the Special Judge, Solapur dated 07/12/2006 whereby the learned Judge was pleased to convict the appellant for the offence punishable under section 7 of the Prevention of Corruption Act, 1988 and sentenced him to suffer rigorous imprisonment for two years and to pay fine of Rs 20,000/- and, in default of payment of fine, to suffer further rigorous imprisonment for one year and the learned Judge also convicted him for the offence punishable under section 13(1)(d) and 13(2) of the Prevention of Corruption Act and sentenced him to suffer rigorous imprisonment for three years and to pay fine of Rs. 30,000/- and, in default of payment of fine, to suffer further rigorous imprisonment for one and half years.

(3.) Prosecution case, in brief, is that the appellant was serving as a Senior Police Inspector in Vijapur Naka Police Station at Solapur. Prosecution case is that he demanded an amount of Rs 50,000/- from the complainant by threatening to arrest him and his servant in counterfeit currency case. Prosecution case is that, initially, some amount was paid by the complainant and the accused demanded balance amount of Rs. 25,000/-. Complainant Bharat Pandurang Jadhav filed a complaint with the Anti Corruption Bureau. The currency notes of Rs 25,000/- were covered with anthracene powder and the pre-trap panchanama was prepared. The Investigating Officer took raiding party to the Police Station and the complainant and the panch witness Madan Kulkarni entered the cabin of the accused. Prosecution case is that the accused demanded money from the complainant and, thereafter, the complainant handed over the said tainted money to the accused in the presence of panch witness and, thereafter, gave prearranged signal. The accused put the said amount in his pocket and, as a result, impressions of anthracene powder were found on his hand. The accused was, thereafter, arrested. Sanction to prosecute the accused was granted by the Additional Director General of Police.