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2007 Supreme(Bom) 1585

RANJANA DESAI
Avinash Sitaram Garwarc – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. S. R. CHITNIS, Sr. Adv. I/b. S.V. KOTWAL, for the Appellant.
Ms. V. R. BHOSALE, A.P.P., for the State.

JUDGMENT:- The appellant (for the sake of brevity, "the accused") was tried in the court of Special Judge, Thane in Special Case No.13 of 1999 for offences punishable under sections 7, 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 (for short, "the said Act"). By the impugned judgment and order dated'I4/5/1996 the learned Special Judge convicted the accused for the offence punishable under section 7 of the said Act and sentenced him to suffer RI for one year and to pay a fine ofRs.5001-, in default, to suffer further RI for three months. The accused was also convicted for offences punishable under section 13(1)(d) read with section 13(2) of the said Act and sentenced to suffer RI for one year and to pay a fine of Rs.500/• in default, to suffer RI for further three months. Substantive sentences for both the offences were ordered to run concurrently. Being aggrieved by the said judgment and order, the accused has preferred this appeal.

2. It would be advantageous to begin with the gist of the prosecution story as evident from the evidence of PW 1 Prakash Patil the evidence of PW-2 Ganesh Waghchoure and PW-4 PI Kedu Devde. Admittedly, in the year 1999 the a
















































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