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2020 Supreme(Bom) 1073

PRAKASH D.NAIK
Satish Ganpatrao Suryavanshi – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Satyavrat Joshi, Nitesh Mohite, Tejas Hilage.
For the Respondent: A.R. Kapadnis.

JUDGMENT :

PRAKASH D. NAIK, J.

1. This appeal is preferred against the Judgment and order dated 31st March, 2015 passed by learned Special Judge Ichalkaranji, District Kolhapur in Special Case No. 01 of 2008 convicting the appellant for the offence under Section 7 of Prevention of Corruption Act, 1988 (for short “PC Act”) and Section 13(1)(d) r/w Section 13(2) of the PC Act, wherein the applicant is sentenced to suffer rigorous imprisonment for two years on each count.

2. The brief facts of the prosecution case are as under:-

    (i) Original complainant Sadashiv Mahadev Patil is agriculturist and resident of old Pargaon, Taluka-Hatkanangale, District-Kolhapur. On 1st July, 2005 he obtained land Gat No. 49 admeasuring 0-H 20-R situated at Pargaon from its owner Uday Rangrao Ghatage by way of registered mortgage by conditional sale. Since then complainant was in possession of the said land. He made application to Talathi, Pargaon for making entry of mortgage in other rights column of 7/12 extract in respect of mortgage of land Gat No. 49.

(ii) Uday Ghatage gave an application to Talathi Pargaon objecting the entry of mortgage in other rights column of 7/12 extract in favour of complainant, o

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