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2023 Supreme(Bom) 208

KISHORE C. SANT
Dnyandeo – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Counsel for Appearing Parties
P. B. Shirsath, Advocate, D. S. Jape, Advocate

JUDGMENT

Kishore C. Sant, J. - This appeal is against the judgment and order dated 31.05.2004 passed by the learned Special Judge and Additional Sessions Judge, Kopargaon in Special Case No. 01/1999, whereby the present appellant-accused is held guilty of the offence punishable under Section 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 ('P.C. Act' for short). He is sentenced to suffer Rigorous Imprisonment (R.I.) for two years and to pay fine of Rs.2500/- in default to suffer Simple Imprisonment (S.I.) for six months for the offence under Section 7 of P.C. Act. He is further sentenced to suffer R.I. for three months and to pay fine of Rs.2500/- in default to suffer S.I. for six months for the offence under Section 13(2) of P.C. Act. Both the substantive sentences are directed to run concurrently.

2. The story of the Prosecution in short is as below:

The present appellant/accused was working as a Head Constable in the Police Department at Kopargaon Police Station. The complainant namely Bhimrao lodged a complaint that his cousin brothers assaulted his another cousin namely Punja. The complainant and his brother - Dashrath tried to intervene in the dispute. T

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