JUDGMENT

Sandeep K Shinde, J. - It is an appeal under Section 374(2) of the Criminal Procedure Code, 1973 against the conviction recorded under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentence of one year rigorous imprisonment, and fine Rs.1,000/-, in default, imprisonment for one month for each offence imposed in Special Case No.1/2007 by the Special Judge, (Anti-Corruption), Thane by judgment and order dated 14th October, 2010.

2. Prosecution case in brief is, that accused no.1 a Traffic Constable and accused no.2 a Police Naik, were to regulate the traffic in Thane City. Alleged, that accused no.1 demanded bribe Rs.50/- from the complainant, for returning driving license, which was taken for alleged violation of traffic rules. Complainant, thus approached the Anti-Corruption Bureau. After drawing a pre-trap panchanama, Complainant and the panch witness, Patange reached the spot. At the relevant time, accused no.1 could not be seen around, but instead Police Naik-accused no.2 was regulating the traffic. Complainant enquired with accused no.2 about accused no.1, whereupon, accused no.2 told him that, accused no.1 had given his li