Mustafikhan vs State Of Maharashtra - 2006 Supreme(SC) 1229

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(SC) 1229

Mustafikhan – Appellant
Versus
State Of Maharashtra – Respondent

JUDGMENT

Dr. Arijit Pasayat, J. - Leave granted.

2. Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Bombay High Court, Nagpur Bench. By the impugned judgment the High Court while setting aside the conviction of the appellant for offences punishable under Sections 468, 477-A of the Indian Penal Code, 1860 (in short the IPC) and Section 5(1) (d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (in short the PC Act) maintained the conviction for offence punishable under Section 409 IPC. The trial court had convicted the appellant for offences punishable under Sections 409, 468, 477-A IPC, Section 5(1)(d) read with Section 5(2) of the PC Act. Different custodial sentences were imposed along with fine.

3. Background facts in a nutshell are as follows:

The appellant was working as Junior Engineer and was in-charge of execution of construction of tanks at Kudwa, Dhakni and Mundipar in Gondia Sub Division. This work was to be executed under the Employment Guarantee Scheme. The appellant was assisted by four muster clerks to keep a track of persons employed for the work of construction of these tanks. Between 7.1.1976 and l1.3.1976, same s