JUDGMENT - A.B. PALKAR, J.:---The appellant original accused No. 1 in Special Case No. 10/88 on the file of Special Judge, Nasik, has challenged his conviction and consequent sentence of R.I. for one year and fine of Rs. 600/-, in default of payment of fine further S.I. for two months under section 5(1)(d) of Prevention of Corruption Act, 1947 or alternatively under section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

2. The prosecution case in brief is as under:-Appellant was working as Forester, whereas the 2nd accused was working as a Forest Guard.

Complainant Bapu Gavit (P.W. 1) resident of village Sambarpada had constructed a hut in his land. It was in dilapidated condition and he wanted to repair and practically re-construct the same. He therefore, approached the appellant for permission to reconstruct the hut. The appellant declined to give permission and thereafter complainant again approached him with the same request. Appellant did not grant permission but expressed that if complainant desired to re-construct the hut, he would be required to pay Rs. 600/- to the appellant by way of illegal gratification. However, complainant expressed in-ability to pay.

Click Here to Read the rest of this document