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2020 Supreme(Bom) 1225

M.S.SONAK
Pradeep H. Harwalkar – Appellant
Versus
State/CBI/ACB/GOA Bambolim Goa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shivan Desai.
For the Respondent: Mahesh Amonkar.

JUDGMENT :

M.S. SONAK, J.

1. Heard Mr. Shivan Desai, learned counsel for the Appellant and Mr. Mahesh Amonkar, learned Special Public Prosecutor for the Respondent/State/CBI.

2. This appeal questions the judgment and order dated 9th July 2014 in Special Case No. 15/2013/T (Special Case No. 2/2010 (old) made by the Special Court for CBI in Goa at Mapusa, convicting the Appellant-Accused under Section 7 and Section 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 (the said Act) and sentencing him to undergo simple imprisonment for one year for each of the offences and fine of Rs. 1000/- or in default to undergo simple imprisonment for one month.

3. The prosecution case is that on 29th December 2009 at around 22.05 hours the accused while functioning as a Junior Passenger Assistant in Konkan Railway Corporation Limited being a public servant demanded a bribe of Rs. 150/- from P.G. Naik, PC, CBI/ACB Goa at Margao Railway Station for facilitating him and two other passengers to travel in the Sleeper Class of train No. 0112, U.P. Konkan Kanya express against the current ticket purchased by Naik for the journey from Margao to Ratnagiri by not charging any deferential amount for the jour

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