JUDGMENT :

SHRIKANT D. KULKARNI, J.

1. Feeling aggrieved by the impugned judgment and order of conviction passed in Special Case No. 4 of 2000 by the Special Judge (P.C. Act), Aurangabad, the appellant/original accused has preferred this appeal.

2. The facts giving rise to this appeal in brief are as under.

3. The appellant was serving as Sub Divisional Engineer in the Department of Telecommunications at Aurangabad at the relevant point of time. The complainant (PW-1) Devidas Mohite had applied for installation of STD/PCO booth at Aurangabad. One Mr. Anil Agrawal was STD machines dealer and he contacted to the complainant that he should purchase machine from him. Accordingly, the complainant received demand note of Rs. 5,000/- and the complainant deposited the same in the telephone office. The site inspection was conducted when the appellant refused to give connection in the said premises on account of change of site. Mr. Anil Agrawal informed to the complainant that if he wanted to install the STD booth in the same premises, he had to pay Rs. 2,000/-. Accordingly, the complainant agreed to pay the said amount. But he was not ready to pay bribe. The complainant went to ACB office at Au