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2023 Supreme(Bom) 492

PRAKASH D. NAIK
Chandrakant Nivrutti Pagar – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT :

1. Appellant has challenged the Judgment and Order dated 12th January 2007 passed by Special Judge (Anti Corruption), Nashik in Special Case (ACB) No.9 of 2000 convicting the Appellant for the offences under Sections 7, 13(1)(d) r/w Section 13(2) of Prevention of Corruption Act (`P.C Act’). For the offence punishable u/s.7 of P.C.Act, Appellant is sentenced to suffer imprisonment for six months and to pay fine of Rs.1,000/- For rest of the offences punishable u/s.13(1)(d) r/w 13(2) of P.C Act, Appellant is sentenced to suffer imprisonment for one year and to pay fine of Rs.1,000/-. Both the sentences were directed to run concurrently.

2. The case of prosecution is as follows :-

(a) The complainant Kailas Bhaskar Khairnar is resident of Bhagur, District Nashik. He owns land on Plot No.15 out of Survey No.41/2/2(b) in joint ownership with his father. The land was purchased from one Prakash Khairnar on 10th June 1999 by registered sale deed;

(b) The complainant submitted an application to Talathi of Village Bhagur through his advocate for mutation of their names. The complainant visited office of Talathi to pursue his application. Appellant was working as Talathi in the said of

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