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2015 Supreme(SC) 443

DIPAK MISRA, PRAFULLA C.PANT
Nayankumar Shivappa Waghmare – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Sudhanshu S. Choudhari, Adv.
For Respondents/Defendant: Amol Chitale, Aniruddha P. Mayee, Charudatta Mahindrakar and A. Selvin Raja, Advs.

Judgment

Prafulla C. Pant, J.

1. This appeal is directed against judgment and order dated 6.2.2009 passed in Criminal Appeal No. 135 of 1997 by the High Court of Judicature at Bombay (Bench at Aurangabad) whereby said Court has reversed the acquittal recorded by Special Judge, Osmanabad, in Special Case No. 3 of 1993 and convicted the present Appellant Nayankumar Shivappa Waghmare Under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to rigorous imprisonment for a period of one year and directed to pay fine of Rs. 10,000/-, and in default of payment of fine, six months further rigorous imprisonment is directed to be served.

2. We heard learned Counsel for the parties and perused the record.

3. According to prosecution, the Appellant was working in the Finance Section of Zilla Parishad, Osmanabad. He was handling the cases of General Provident Fund (GPF) and pension cases of retired members of staff. PW-10 Mirabai N. Deshpande, who served as Chief Sevika with the Integrated Child Development Scheme at Bhoom, opted for her voluntary retirement due to her physical ailments, in July, 1992. She submitted her pension papers. She was


















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