JUDGMENT :

This is an appeal arising out of the judgment and order dated 16th April, 2015 passed by the Additional Sessions Judge, Wardha in Special (ACB) Case No. 3/2011, convicting the appellant for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to suffer simple imprisonment for one year and to pay fine of Rs. 10,000/- and in default to undergo simple imprisonment for one month. The appellant is also convicted for the offence punishable under Section 13(1)(d) of the Prevention of Corruption Act 1988 and sentenced to suffer simple imprisonment for two years and to pay a fine of Rs. 10,000/- and in default to undergo simple imprisonment for one month. Both the sentences shall run concurrently.

2. I have heard Shri M.B. Naidu, learned counsel for the appellant and Shri S.A. Ashirgade, learned APP for the State.

3. It is the case of the prosecution in brief that, in the month of February-2011 when the accused was working as Head Clerk (Class-III), with Establishment Department Municipal Council Pulgaon, District Wardha and as such she was public servant within the meaning of Section 2 (C) of the Prevention of Corruption Act, 1988 (hereinafter referred as “the Act 1988” for brevity).

4. It is further case of the prosecution that the complainant Shri Mahendra Pande (P.W.1) was working as Clerk in Municipal Council Pulgaon from 1985 to 2013. As, he had not qualified MS-CIT Examination his early increments for the year 2002 to 2010 was stopped. On his persuasion, the Chief Officer ordered on 13th December, 2010 to release his increments for the year 2002.

5. It is alleged that thereupon, the complainant met the accused and asked her about releasing of increments. Whereupon, she said the complainant that “Chaware Babu aikat nahi, pahile Rs.1500/- dya, nantar tumche bill nighel”. The complainant agreed to pay Rs. 1500/- on the next day. Thereafter, the complainant took half day leave and went to the office of ACB, Wardha and gave oral complaint to Ms. Uikey, Deputy Superintendent of Police, ACB, (P.W.3) who has got the complaint typed.

6. Thereafter, Ms. Uikey, Deputy Superintendent of Police, ACB, (P.W.3) took preparatory steps to lay a trap to intercept the accused and set up trap them.

7. It is further case of prosecution that at about 10 am complainant and both the pancha, ACB employees went to Pulgaon. Ms. Uikey, Deputy Superintendent of Police, sent complainant and panch No.1 Kathle (P.W.2) to Municipal Council to verify the demand of bribe. Complainant and panch No.1 met with accused in the office of Municipal Council, Pulgaon. When P.W-1 inquired about bill regarding his arrears of increments to accused, she asked complainant Mahendra (P.W.1) as to whether he had brought Rs. 1500/-. On that complainant Mahendra told her that the amount is with his son and he will bring it. On that accused told him to bring it quickly.

8. Thereafter, complainant (P.W.1) and the panch No.1 Kathle (P.W.2) came back to the place where ACB staff were waiting. When Ms. Uikey, Deputy Superintendent of Police, (P.W.3) inquired with panch No.1 Kathle, on that he confirmed about the demand of bribe money.

9. The complainant (P.W.1) and panch No.1 (P.W.2) then went to accused in Municipal Council Office. When accused asked the complainant whether he has brought the money he took out the bribe money from his shirt pocket and gave it to accused. Accused took that amount in her right hand and said “Tumache Kam aatach Karun dete, Chaure babu kade chala”. Thereafter, complainant came outside the office and gave prearranged signal.

10. After giving signal, ACB Officer and the panch witnesses went to the accused and introduced themselves. The ACB Officer asked the accused her name. On that she told that her name as Ashoka Karunkaran Panikar. The ACB Officer asked the accused what was there in her palm. She said Mahendra Pande gave Rs. 1500/- and she was going to Chaware Babu for giving that amount. Deputy Superintendent of