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2015 Supreme(Bom) 1803

ABHAY M.THIPSAY
Ravindra Mahadeo Kothamkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Shri M.J. Bandgar a/w. Shri Ujjwal Agandsurve, Advocate for the Appellant
Smt. S.V. Gajare Dhumal, APP for the Respondent State

JUDGMENT :

1. The appellant, a Tax Recovery Clerk, serving with the Municipal Corporation at Thane, was prosecuted on the allegation of having committed offences punishable under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (P.C. Act). The learned Special Judge (appointed under Section 3 of the P.C. Act) after holding a trial found him guilty of the aforesaid offences. The learned Special Judge sentenced the appellant to suffer Rigorous Imprisonment for 1 year and to pay a fine of Rs.1500/on each of the said two counts, with default sentences of Rigorous Imprisonment for 6 months. The learned Special Judge directed that the substantive sentences would run concurrently.

Being aggrieved by his conviction and the sentences imposed upon him, the appellant has approached this court by filing the present appeal.

2. I have heard Shri M.J. Bandgar, the learned counsel for the appellant. I have heard Smt. S.V. Gajare Dhumal, the learned APP for the State. I have gone through the entire evidence adduced during the trial. I have also carefully gone through the impugned judgment.

3. The prosecution case, as put forth before the trial court, in b



































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