SHASHIDHAR SHIVRAM SHINDE Vs. STATE OF MAHARASHTRA,

JUDGEMENT

(1.) Appellant assailed the judgment of Special Judge and Additional Sessions Judge, Akola in Special Case No. 2 of 1996 by which he is convicted for the offences punishable under Section 7 of Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 500/ in default to undergo simple imprisonment for one month. By the said judgment, the appellant is also convicted for the offence punishable under Section 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1, 000/ in default to undergo simple imprisonment for three months.

(2.) The case of the prosecution against the appellant in short is as under.

(3.) Heard learned Senior Counsel Shri Anil Mardikar for the appellant. He has submitted that accused given explanation at the time of trap itself. The explanation was recorded by the Investigating Officer Shri Idole in presence of panchas. Panchanama no. 2 itself shows that explanation of accused was recorded, but the said explanation was not filed along with the chargesheet. Therefore, adverse inference ought to have been drawn by the trial Court. In support of his submissions, he pointed out following decisions.