V. R. Kingaonkar, J. - (1.)Challenge in this appeal is to judgment rendered by learned Special Judge, jalna in Special Case No. 8 of 1994 whereby appellant came to be convicted for offence punishable under section 13 (1) (d) read with section 13 (2) and section 7 of the Prevention of corruption Act, 1988 and sentenced to suffer rigorous imprisonment for one (1) year and to pay fine of Rs. 200/-, in default to suffer rigorous imprisonment for two (2) months on first count and rigorous imprisonment for six (6) months and fine of Rs. 100/-, in default to suffer rigorous imprisonment for one (1) month on the second count.
(2.)The appellant was working as an assistant Police Prosecutor in the Courts at jalna. There is no dispute about the fact that he was working as Public Servant within the meaning of Section 2 (c) of the Prevention of corruption Act, 1988. Complainant Amrutlal bhurewal was involved as an accused in a criminal Case (S. T. C. No. 2973/1990) , which was pending in the Court No. 4 of Judicial magistrate (F. C. ) , Jalna. The said criminal case was due for final hearing. It was fixed on board of 4th March, 1992.
(3.)The prosecution case, stated briefly, is that the appellant was assigned work of the Court of 4th Judicial Magistrate (F. C. ) , jalna at the relevant time. He was representing the prosecution in the said criminal case filed against Amrutlal (complainant). On 4th March, 1992, complainant Amrutlal attended the Court of Judicial Magistrate as an accused. The date of hearing was adjourned to 17th March, 1992. The appellant met the complainant - Amrutlal outside the Court and took him to the canteen for having a cup of tea. The appellant, during course of conversation with the complainant, represented that he would manage the witnesses in the criminal case (S. T. C. No. 2973/1990) to secure acquittal if an amount of Rs. 500/- would be paid to him. The complainant expressed his inability to pay such amount. The appellant told him that the amount can be shared by him and his brother to the extent of half each. Both of them were involved as accused persons in the said criminal case. The complainant agreed to pay Rs. 250/- for himself and Rs. 250/- for his brother on the next date of hearing.