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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPEAL NO.

323

OF 20

04

Mahesh S/o Rambhau Dhande,

Aged about 45 years, Occ. Service,

R/o Datta Colony, Gorakshan Road,

Akola, Tq and Dist. Akola

... Appellant

// VERSUS //

State of Maharashtra through Police

Inspector, Anti Corruption Bureau,

Akola

... Respondent

Ms. Sejal Lakhani, Advocate h/f Shri S.P.Bhandarkar, Advocate for appellant

Shri S.D. Sirpurkar, APP for the State / Respondent.

CORAM : ANIL S. KILOR, J.

DATED : 20^th SEPTEMBER, 2022.

ORAL JUDGMENT :

In this appeal the challenge is raised to the judgment and

order dated 5^th May, 2004 passed by the Special Court, Akola in Special

Case No.3/1999, convicting the appellant/accused for the offence

punishable under Sections 7, 13(1)(d) read with Section 13(2) of

Prevention of Corruption Act, 1988 (in short referred as “Act of 1988”).

2.

The brief facts of prosecution case is that, the accused was

working as Sectional Engineer with Panchayat Samiti, Patur. The Shirla

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Circle in which village Belora (Khd) was falling under the jurisdiction of

the accused.

3.

As per the District Rural Development Agency’s scheme,

“Dashlaksha Vihir Yojna”, 100% grants was made available to small and

marginal farmers for construction of well. This scheme was implemented

through Panchayat Samiti, Patur.

4.

Tulshiram Patkhede father of complainant Sheshrao

Patkhede, was holding 2.3/4 acres of agricultural land at village Belor

(Khd). The grant of Rs.45,000/- was sanctioned in his favour for

construction of well. As per the scheme, the construction was carried out.

Thereupon, grant of Rs.40,159/- was released from time to time in seven

installments. However, last installments of grants of Rs.5000/- was to be

received by Tulshiram Pathede.

5.

On 5^th August, 1998, PW-1 went to Panchayat Samiti, Patur.

He met accused and demanded Rs.5000/- towards last installments of

grants. At that time accused demanded bribe of Rs.2,000/- from him.

On request by PW-1 the accused agreed to accept Rs.1000/- and asked

PW-1 to bring that amount by evening. As PW-1 was not willing to pay

the bribe, he lodged a complaint with ACB, Akola and after completing

the pre-trap procedure a trap was conducted and after acceptance of

amount by the accused from PW-1, he was caught hold by the trap party.

6.

Thereafter, the offence was registered for the offence

punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Act

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of 1988. After completion of investigation, the papers were forwarded to

the sanctioning authority and on grant of sanction to prosecute the

accused, the chargesheet was filed. The charge was framed and it was read

over and explained to the accused who pleaded not guilty and accordingly

the trial was conducted.

7.

The learned trial Court after scrutinizing the oral as well as

documentary evidence, passed the impugned judgment and order dated

5^th May, 2004, thereby convicting the appellant for the offence

punishable under Sections 7 and 13(1)(d) read with Section 13(2) of

Prevention of Corruption Act, 1988 and directed to suffer rigorous

imprisonment for six months and to pay a fine of Rs.500/- and in default

to undergo further rigorous imprisonment for two months, for the

offence punishable under Section 7 of Prevention of Corruption Act. He

is further sentenced to suffer rigorous imprisonment for a period of one

year and to pay fine of Rs.500/- and in default to undergo further

rigorous imprisonment for two months, for the offence under Sections

13(1)(d) of the Act of 1988.

8.

I have heard Ms. Sejal Lakhani, learned counsel for the

appellant and Shri Sirpurkar, learned Additional Public Prosecutor for the

respondent/State.

9.

Ms. Lakhani, learned counsel for the appellant submit