This Appeal is directed against the Judgment and Order dated 18th June, 2008 passed by learned Special Judge, Gadchiroli in Special Case No. 7 of 2005, whereby the appellant-accused was convicted of the offence punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and was sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/-, in default of which to suffer further simple imprisonment for two months for offence punishable under Section 7 of the Prevention of Corruption Act. He is further sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 1000/-, in default of which to suffer further simple imprisonment for three months for the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

2. Heard submissions at the bar.

3. Facts stated, in nutshell, are as under: -

The appellant-accused was working as senior clerk in the Court of Judicial Magistrate First Class, at Aheri. It is the case of the prosecution that on 11/6/2003, the driver of the complainant had taken Luxury Bus bearing No. MH-31/M-2626. He was prosecuted by P.S.I. Gurnule under the provisions of Motor Vehicles Act and the case was pending before the Court of Judicial Magistrate First Class, Aheri. The said driver did not appear before the Court and, therefore, learned Judicial Magistrate First Class, Aheri had issued non-bailable warrant against him, pursuant to which the said driver was arrested on 27/01/2005 by Police Station Officer, Bhadravati and he was produced before learned Judicial Magistrate First Class, Aheri on 28/01/2005. However, since learned Judicial Magistrate First Class, Aheri was on leave on that day and the said driver was produced before the in charge Court at Gadchiroli. Before that Court, the said driver had prayed for releasing him on bail but his application was rejected and he was sent to jail. The matter was adjourned to 31/01/2005. Therefore, complainant Kailash Ramprasad Sharma attended that Court at Sironcha as the charge of Judicial Magistrate First Class, Aheri was with Judicial Magistrate First Class at Sironcha. Complainant had engaged an Advocate namely; Rajesh Pratap Menganwar. On that day, file of the driver was not produced before the Sironcha Court. On inquiry, the said clerk told complainant that concerned clerk Mr. Selokar has not sent case papers as he has not received amount. The complainant, therefore, asked his Advocate to lodge written complaint with the Court but advocate of the complainant avoided to do so. On the same day, the complainant visited the Court of learned Judicial Magistrate First Class, Aheri but the accused was not there and, therefore, he met one peon by name; Thakur. The complainant requested Shri. Thakur to show the house of the accused and it is the case of the prosecution that the complainant met appellant-accused and questioned him as to why case papers of his driver were not sent to the Court at Sirnocha. The appellant replied that there was no any application from his Advocate and, therefore, case papers were not sent. He asked complainant to visit the Court at Aheri on the next day at about 12.30 p.m. and bring Rs. 300/-for himself and he will take case papers after receipt of the amount. The complainant felt that the accused will not send the case papers of his driver namely; Javed Akhtar Pathan without receipt of the amount and, therefore, he had visited the office of Anti Corruption Bureau, Gadchiroli and reported the matter. The report of complainant was reduced into writing by Deputy Superintendent of Police, Anti Corruption Bureau, Gadchiroli– Mr. Khan (hereinafter referred to as “Dy.S.P”.). The said Dy.S.P. asked Block Development Officer, Panchayat Samittee, Gadchiroli to depute two employees to act as panchas. After arrival of panchas, they were introduced with the complainant and other staff. Panchas were read over the report lodged