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2019 Supreme(Bom) 2320

S.M.GAVHANE
State Of Maharashtra, Through Dy Superintendent Of Police,anti Corruption Bureau, Ahmednagar – Appellant
Versus
Baburao Dipaji Pawar – Respondent


Advocates Appeared:
P.N. Kutti, Advocate, R.S. Deshmukh, Advocate, S.V. Sudrik, Advocate

JUDGMENT

S. M. Gavhane, J. - The appellant-State has filed this appeal against the acquittal of the respondents (hereinafter referred to as the "accused Nos.1 to 3") of the offences punishable under Sections 7, 12 and 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") and under Section 109 of the Indian Penal Code (hereinafter referred to as "the IPC") by the Judge, Special Court (ACB), Ahmednagar as per the judgment and order dated 31.07.2015 in Special Case No.11 of 2012.

2. The facts giving rise to this appeal in short, are as under:

    a) At the relevant time of incident, complainant-Sandip Vishnupant Dalavi (PW-1) was residing in Vikrant Chowk, Chaupati Karanja, Ahmednagar and he was a painting contractor. Accused No.1 Baburao Dipaji Pawar was working as Assistant Commissioner, Class-II in Fisheries Department at Ahmednagar, accused No.2 Sayyad Irfan Umar was working as Assistant Fisheries Officer, Class-III at Ahmednagar and accused No.3 Shaikh Abdul Kadir Fakir Mohammad, who is a private person was running a pan stall in the premises of the Office of accused Nos.1 and 2, at the relevant time of incident.

      b) The comp

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