IMPORTANT POINT
The demand for illegal gratification must be proven beyond a reasonable doubt for a conviction under the Prevention of Corruption Act, and a valid sanction is essential for prosecution.

JUDGMENT/ORDER

1. These two appeals are heard together and disposed of by this common judgment since these appeals arise out of the same judgment and order of conviction and sentence dtd. 21/7/2014 passed by learned Special Judge, Chandrapur (learned Judge of the trial court) in Special ACB Case No.10/2008.

2. By the said judgment and order of conviction, appellant Prabhat s/o Ram Ambhulkar is convicted for offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 (of the said Act) and sentenced him to suffer rigorous imprisonment for one year and to pay fine Rs.500.00, in default, to suffer rigorous imprisonment for three months.

Appellant Prabhat s/o Ram Ambhulkar, is also convicted for offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of the said Act and sentenced him to suffer rigorous imprisonment for two years and to pay fine Rs.1000.00, in default, to suffer rigorous imprisonment for six months.

Appellant Prashant s/o Shankar Chatreshwar, is convicted for offence punishable under Sec. 12 of the said Act and sentenced him to suffer rigorous imprisonment for one year and to pay fine Rs.500.00, in default, to suffer rigorous imprisonment for three months.

3. Criminal Appeal No.444/2014 is filed by Prabhat s/o Ram Ambhulkar, accused No.1. Whereas, Criminal Appeal No.448/2014 is filed by Prashant s/o Shankar Chatreshwar, accused No.2.

4. In this judgment, the appellants (the accused persons) will be referred to by their original positions in charge.

5. The brief facts leading to the above appeals are as follows:

Dr.Prakash Shankar Ramteke (complainant) was serving as medical officer with the District T.B. Hospital at Chandrapur since 18/6/2006 on monthly salary of Rs.22, 600.00 and was getting Rs.2500.00 towards travelling fuel allowances. Every month, he used to submit bills of the said allowances for sanction to the said hospital. Accused No.1 was the authority to sanction the bills and was serving as District Tuberculosis Officer. Accused No.2 was serving as Senior T.B. Supervisor at the said hospital. As per allegations of the complainant, accused No.1 was not paying him amount towards travelling allowance and used to obtain his signatures on the said bills through accused No.2 and was keeping the said amount with him. In the month of November 2006, the complainant submitted his bills towards the said allowances for the months May, June, and September 2006 for sanction. Instead of sanctioning the bills, accused No.1 sanctioned the bill for the month of November 2006 and the complainant had received Rs.2500.00 towards the bill. As accused No.1 did not received the amount from the complainant, on 14/12/2006 the complainant was called by accused No.1 in his chamber and demanded Rs.2500.00 and informed the complainant that unless amount Rs.2500.00 is paid to him, he will not sanction the other bills. The complainant was further told that the said amount should be paid till the noon of 15/12/2006. As the complainant was not ready to pay the said amount, he approached the office of the Anti Corruption Bureau, Chandrapur (the bureau) on 15/12/2006 and lodged report. After receipt of the report, officer of the bureau called two panchas. The complainant narrated his grievance to the panchas and the panchas read the complaint. The complainant produced five currency notes of Rs.500.00 as gratification amount to officers of the bureau. The demonstration as to use and characteristics of phenolphthalein powder and sodium carbonate was shown. The said solution was applied on the gratification amount and was kept in the shirt pocket of the complainant. Some necessary instructions were given to the complainant and both the panchas. The complainant was instructed to hand over the amount only on demand. Accordingly, the pre-trap panchanama was drawn.</WXY>

6. After the pre-trap panchanama, the complainant along with the panchas and raiding party members went to the office of accused No.1. The complainant along with panch