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2013 Supreme(Bom) 93

P.V.HARDAS
Rajendrakumar Laxmichand Gupta – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

1. The appellant stands convicted for an offence punishable under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act and sentenced to R.I. for one year and to pay fine of Rs.5,000/-, in default of which to undergo further R.I. for three months and R.I. for one year and to pay fine of Rs.5,000/-, in default of which to undergo R.I. for three months, by the Special Judge, Jalgaon, by judgment dated 18.1.2001, in Special Case No. 56 of 1996, by this appeal questions the correctness of his conviction and sentence.

2. Facts, in brief, as are necessary for the decision of this appeal, may briefly be stated thus : PW3 Kalidas Suryawanshi, who at the relevant time was attached to the Anti Corruption Bureau, Jalgaon as a Deputy Superintendent of police, was present in the office on 11.1.1996. PW1 Chudaman came and made an oral grievance against the appellant in respect of demand of bribe, and accordingly, he was asked to come on the next day and bring the amount demanded by the appellant. Accordingly, on 12.1.1996, PW3 Deputy Superintendent of Police Suryawanshi recorded the report/complaint of PW1 Chudaman at Exh.10. After recording the complaint of PW1 Chudaman,













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