ABDUL MANNAN MOHD.YUSUF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant original accused No.2 has challenged his conviction under Section 12 of the Prevention of Corruption Act 1988 by Special Court designated under said Act in Special Case No.14 of 1999 on 11th July 2005. Judge of Special Court has sentenced him to suffer simple imprisonment for six months and to pay a fine of Rs.1,000/- or in default to suffer simple imprisonment for two months. This Court has admitted the matter on 9.8.2005 and then suspended the substantive sentence.

(2.) The charge against appellant/accused No.2 was of aiding Accused No.1 ASI Pawar in accepting bribe amount from complainant and thereby committing offence under Section 12 of the Prevention of Corruption Act 1988. Accused No.1 ASI Pawar expired during the pendency of trial and hence special case against him was declared as abated. The trial therefore, proceeded only against accused No.2 i.e. present appellant.

(3.) From case of prosecution it appears that the complainant and his sons were involved in a property dispute which arose out of a loan transaction. The borrower and other persons connected with property had filed cases against complainant and his sons. We need not go into niceties of said aspect as trial Court itself has not examined those fassets because of death of accused No.1. Complainant claimed that accused No.1 had demanded amount of Rs. 5000/- from him for removing the police complaint filed by other side against him and his sons. After negotiations, the amount was reduced to Rs.2000/- and complainant paid Rs. 500/- immediately. Balance amount of Rs. 1500/- was to be paid on 26.5.1997 in Jagat Restaurant.