1. This appeal is taken up for hearing in terms of the following order of the Hon'ble Supreme Court in Petition for Special Leave to Appeal (Cri.) No.2334 of 2011 passed on 15th March 2011 :

“Taken on board.

The petition is dismissed.

The petitioner was convicted by the trial court under Prevention of Corruption Act and his appeal is pending before the High Court. We direct the High Court to decide the appeal expeditiously.”

2. By this appeal, the appellant – convicted public servant is challenging the judgment and order dated 17th January 2011 passed by the learned Special Judge under the Prevention of Corruption Act, Pune, in Special Case No.12 of 2007 convicting him of offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. For the offence punishable under Section 7 of the Prevention of Corruption Act, the appellant/accused is sentenced to suffer rigorous imprisonment for 1 year apart from direction to pay fine of Rs.1,000/-, in default, to undergo further rigorous imprisonment for a period of 3 months. For the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, he has been sentenced to suffer rigorous imprisonment for 1 year apart from directing him to pay fine of Rs.1,000/-, in default, to undergo further rigorous imprisonment for a period of 3 months.

3. Facts leading to the prosecution of the appellant/accused projected from the police report can be summarized thus :

(a) Complainant Prasanna Akkalkotkar runs a workshop under name and style of Fabex Engineers at Nandedgaon area of Pune. The Maharashtra State Electricity Distribution Company Limited (hereinafter referred to as MSEDCL for the sake of brevity) has provided electricity connection to this workshop.

(b) The appellant/accused, at the relevant time, was working as Assistant Engineer with the MSEDCL and he was member of the flying squad deputed for the purpose of checking electric meters provided to the consumers.

(c) According to the prosecution case, at about 1.15 p.m. of 21st January 2006, Ashok Shetty, Manager of Fabex Engineers, informed his employer Prasanna Suryakant Akkalkotkar (PW2) that the appellant/accused Dattatraya Bhagwan Omase along with his two colleagues have come to the workshop for inspection of the electric meter. PW2 Prasanna Akkalkotkar met the appellant/accused. Electric meter in the premises of the Fabex Engineers came to be checked by the appellant/accused. The appellant/accused informed PW2 Prasanna Akkalkotkar that the electric meter is running slow by 25%. He further informed that action for recovering damages would have to be taken. Another employee by name Shri Kudale from the Electric Distribution Company was called. The electric supply meter was again checked. The appellant/accused accompanied by PW2 Prasanna Akkalkotkar and other employees of the MSEDCL then went to the office of the said Company. One form was got filled from the appellant/accused.

(d) According to the prosecution case, at about 4.30 p.m. of 21st January 2006, the appellant/accused came to the Fabex Engineers. He met PW2 Prasanna Akkalkotkar. The appellant/accused in his own handwriting prepared an application (Exhibit 14) on behalf of PW2 Prasanna Akkalkotkar. However, PW2 Prasanna Akkalkotkar got the separate application (Exhibit 13) prepared, signed it and gave the same to the appellant/accused. Thereupon, the appellant/accused informed PW2 Prasanna Akkalkotkar that he will have to pay fine of Rs.15,000/- and apart from that, a case would be filed against him. Upon request of PW2 Prasanna Akkalkotkar, the appellant/accused informed him that PW2 Prasanna Akkalkotkar would be required to pay him an amount of Rs.2,500/- and then neither the case would be filed nor fine of Rs.15,000/- would be imposed. In the next bill, arrears of Rs.5,000/- would be shown and the matter will be closed. Left with no alternative, PW2 Prasanna Akkalkotkar showed his willi