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2016 Supreme(Bom) 496

ABHAY M.THIPSAY
Sanjay – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :Mr. S.R. Chitnis, Senior Advocate and Mrs. Vrishali Raje, Advocate.
For the Respondent: Mr. V.B. Konde Deshmukh, A.P.P.

JUDGMENT :

ABHAY M. THIPSAY, J.

1. This Appeal is directed against the judgment and order delivered by the Special Judge (appointed under section 3 of the Prevention of Corruption Act) for Greater Mumbai, convicting the appellant of offences punishable under Section 7 and Section 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as P.C. Act) and sentencing him to suffer Rigorous Imprisonment for 3(three) years and to pay a fine of Rs. 7,500/- on each of the said two counts.

2. The prosecution case, as put forth before the trial Court, can be best taken from Form No. 5-E of the Printed Prescribed Proforma of the police report (Final Report Form) u/s. 173 of the Code of Criminal Procedure. In brief, it be stated thus:-

Hemant Bhagwat, (hereinafter referred to as the complainant) at the material time, was doing his Garment business under the name and style of “Four Seasons Garments” at Unit No. IV, Star Delta Industrial Estate, Saki Naka, Andheri (East), Mumbai-400072. He had no permits or licences required for the said business. That, in the third week of January 2004 at about 2.00 p.m. the appellant went to the Company of the complainant and introduced himself as






























































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