- (1.)This Appeal arises out of judgment and order dated 19/05/2011 passed by the Special Judge, Satara in Special Case No.3 of 2011, where the accused/Appellant was tried for offences under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short, "the PC Act") and on conclusion of trial, was convicted for the aforesaid offences. On conviction under Section 7 of the PC Act, the Appellant is sentenced to suffer Rigorous Imprisonment for two years and to pay fine of Rs.10,000/-, in default, to undergo Simple Imprisonment for six months. On conviction under Sections 13(1) (d) read with Section 13(2) of the PC Act, the Appellant is further sentenced to suffer Rigorous Imprisonment for two years and to pay fine of Rs.10,000/-, in default, to undergo Simple Imprisonment for six months. Both the sentences are directed to run concurrently.
(2.)The brief facts, giving rise to the appeal may be summarized as under:
The Appellant was working as Principal and holding a Class-I post of the District Education and Training Institute, Phaltan, District Satara, for the period from 03/01/2008 to 16/12/2009. Undisputedly, he fall in the category of 'Public servant'. It is alleged that while holding the abovementioned post, on 14/12/2009, he demanded an amount of Rs.1 lakh from the complainant - Vishwambhar Sopan Babar, the president of Krishi Vikas Pratisthan, Devapur, who runs Mhaswad Adhyapak (D.Ed College) Vidyalaya, as a motive or reward other than legal remuneration for sending a proposal for obtaining permission for admitting 10 extra students from Dy. Director, Education Department, Kolhapur. Out of the total amount demanded, Rs.50,000/- was sought as initial amount to be delivered, near Smile Hotel situated on the Pune-Bangalore Highway, within the jurisdiction of Satara Police Station. It is the case of the prosecution, that the said amount was accepted as illegal gratification other than the legal remuneration as a motive or reward for discharging the official duty and by this act, the Appellant has committed an offence under Section 7 of the PC Act. Further, it is the case of the prosecution that on 16/12/2009, the Appellant in his capacity as a public servant accepted the demanded an amount of Rs.50,000/- as an illegal gratification for sending the proposal of the complainant for obtaining permission for admitting 10 extra students from Dy. Director, which he was bound to do as a public servant. He was, therefore, charged with demanding and accepting the said amount as bribe by corrupt and illegal means to obtain pecuniary advantage, by abusing his position as a public servant and thus charged for committing for offence under Section 13(1)(d) read with Section 13(2) of the PC Act.

(3.)On being charged on 11/08/2011 and when he pleaded not guilty, the Appellant was tried in Special Case No.3 of 2011. The prosecution led its evidence through four witnesses being the complainant (PW-1), the panch witness (PW-2), the investigating officer (PW-3) and the Sanctioning Authority (PW-4). The defence also examined one witness, the Workshop Assistant of the Appellant.