JUDGMENT :

Urmila Joshi-Phalke, J.

1. By this appeal, the appellant (the accused) has challenged judgment and order of conviction and sentence dated 26.10.2016 passed by learned Special Judge, Special Court for ACB, Nagpur (learned Judge of the trial court) in Special (ACB) Case No.04/2010 whereby he is convicted for offence punishable under Section 8 of the Prevention of Corruption Act, 1988 (the said Act) and sentenced to undergo rigorous imprisonment for three years and to pay fine Rs.2000/-, in default, to undergo rigorous imprisonment for two months.

2. Brief facts of the prosecution case are as under :

Complainant Mohd.Akram s/o Mehmood Ahmad, a resident of Nagpur, was prosecuted for offence punishable under Section 304 of the Indian Penal Code registered with the Koradi Police Station, Nagpur on an allegation that he was doing construction work of Asharfiya Mosque and one of workers died due to electric shock and, therefore, he committed the offence under the said Section. Regarding the said crime, Sessions Trial No.63/2008 was pending against him in the court of learned Adhoc District Judge, Court No.8, Nagpur.

3. The accused was working as Junior Clerk in the said court. Th