JUDGMENT

R.G.AVACHAT,J. - The challenge in this appeal is to the judgment and order dtd. 23/11/2005 passed by the learned Judge, Special Court, Aurangabad in Special Case No. 4 of 2004, whereby the appellant has been convicted of the offence punishable under Ss. 7 and 13(2) of the Prevention of Corruption Act ( 'P.C. Act '), and therefore, sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1,000.00 on each count. In default of payment of fine, he has been sentenced to suffer simple imprisonment for three months.

Facts giving rise to the present appeal are as follows :-

2. The appellant was serving as a Police Constable with Commissonerate of Police, Aurangabad. P.W.2 - Sanjay Bhalkar was in the business of transporting and selling of sand. He would carry sand from Paithan to Aurangabad. It so happened that on 19/9/2003 P.W. 2 - Sanjay carried sand in his tractor attached with trolley from Paithan to Jadhavwadi. It was about 04.00 p.m. The sand could not be sold. He was, therefore, on his way back home. The appellant met him at Central Naka. He stopped him and made demand of Rs.50.00 as entry fee. Since P.W.2 - Sanjay did not have that much amount, he paid