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2019 Supreme(Bom) 2519

K.K.SONAWANE
Kashinath Shiru Ahire – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.B. Kale, Advocate h/f for D.N. Pingale, Advocate
For the Respondents: B.V. Virdhe, APP

JUDGMENT

K.K. Sonawane, J.

1. The instant appeal calls-in-question the legality and propriety of the impugned Judgment and order of conviction and resultant sentence rendered by the learned Special Judge, Dhule, in Special Case No. 92 of 1999 dated 09-02-2003. The appellant-accused convicted for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short "Act of 1988") and he has been sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for three months. He has also convicted for the offence punishable under section 13(1)(d) read with section 13(2) of the Act of 1988 and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 1,000/- in default to suffer rigorous imprisonment for three months. Both the sentences shall run concurrently.

2. The prosecution case sans unnecessary factual aspects in brief is that, the appellant-accused at the relevant time was the public servant, employed as maintenance surveyor in the office of Land Record, Sindkheda District Dhule. It has been alleged that the complainant Mr. Shaligram Patil was indulging in the business of f

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