JUDGMENT :

Appellant has questioned legality and correctness of Judgment and Order dated 25th February, 2009 passed by the learned Special Judge, Ichalkaranji in Special Case No.05 of 2005, convicting him under Section 7 and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption. Act, 1988 (for short, “the PC Act”) sentenced him to suffer rigorous imprisonment for one year and to pay a total fine of Rs.10,000/-.

2. Heard Mr. Joshi, learned Advocate for the Appellant and Mr. Patil, learned APP for the State. Perused entire record.

3. Prosecution case in brief is as under:-

(i) Property bearing block No.714 admeasuring about 0.53 ares, situated at Managaon was owned by Mr. Anant G. Joshi. Appellant was working as Talathi of the said village at the relevant time. The said property was in possession of Mr. Nabhiraj Magadum i.e. father of the complainant Mr. Nitin Magadum since the year 1974. Revenue records mentioned name of Mr. Nabhiraj Magadum in crop statement as the person in possession and cultivating the said land. However, in the rights column names of Mr. Annasaheb Magadum and Mr. Appasaheb Magadum were mentioned as protected tenants of the said land. As the said land