LAXMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exceptions to judgment dated 18.08.2008 passed in Special Case No.1 of 2000 by the learned Special Judge, Gr. Bombay, by which both the appellants who are original Accused Nos.1 and 2, came to be convicted for the offences punishable under Sections 7 r/w Sec. 12 of Prevention of Corruption Act, 1988. They are further convicted for the offences punishable under Sections 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988. Both the sentences are directed to run concurrently.

(2.) During the pendency of appeal, appellant No.1 died on 13.09.2018 and to further prosecute the appeal, his wife and three children by filing Criminal Application No.1751 of 2018 sought permission to prosecute the same, which application was allowed by order dated 29.11.2018.

(3.) Brief facts of case of prosecution can be stated as under: P.W.2 Abu Mohamed Maniyar, the complainant, at the time of incident was into purchase and sale of scrap, having a shop situated at Kurla (East), Mumbai. Both the appellants were posted as Police Naiks attached to Parksite Police Station. On 16.03.1999 both the appellants went to the shop of complainant along with one Rashid, who was accused in the Criminal Case registered against him for the offence of commission of theft. In the shop of complainant Abdul Rashid informed that he has sold the stolen scrap material to complainant, complainant denied to have purchase any such material upon which appellant No.2 raised his hand thereby applying force upon complainant, as he was denying the fact of purchase since stolen property. At the same time, appellant No.1 Laxman Banger said to complainant to pay Rs.50,000.00 to them if he wanted to save himself from the criminal case. The above demand was negotiated and was reduced to Rs.13,000.00 and complainant on the same day paid Rs.10,500.00 to the appellants and balance amount of Rs.2,500.00 was agreed to be paid and accepted on 19.03.1999 at about 2.00 p.m. at hotel Nityanand at Ghatkopar (West), however, as complainant was not interested to pay further amount as bribe, he attended office of Anti Corruption Bureau and lodged report which was recorded by P.W.7 Ramesh Mahale, Investigating Officer.