ATUL NAIK Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the accused who had been charged, tried, convicted and sentenced in Special Case No.2 OF 2003 by the Learned Special Judge, Margao, by Judgment dated 27.11.2008 under Section 7 and Section 13(1)(d) and (2) read with Section 13(2) of the Prevention of Corruption Act, 1988. The accused has been sentenced under Section 7 of the said Act to undergo R.I. for a period of one year and to pay fine of Rs.10,000/-in default to undergo imprisonment for a term of three months and under Section 13(1)(d)(2) read with Section 13(2) to undergo R.I. for a period of one year and to pay a fine of Rs.10,000/-in default to undergo further R.I. for a period of three months. Both the sentences have been ordered to run concurrently.

(2.) The allegation against the accused is that on 8.10.2002 at about 5.30 p.m. at Old Market, Margao, the accused being the Secretary of the Village Panchayat of the Davorlim-Dicarpale, Salcette, Goa, and as such a public servant, demanded and accepted a bribe of Rs.10,000/-other than legal remuneration from Suraj D'Souza of Pereira Real Estate for the purpose of issuing an occupancy certificate for the construction carried out by them which was approved to be given by the Village Panchayat of which he was the Secretary, by Resolution dated 28.2.02 and thereby the accused committed an offence punishable under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(3.) The accused pleaded not guilty and claimed to be tried.