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2023 Supreme(Bom) 1188

URMILA JOSHI-PHALKE
Sopan S/o Kadu Choudhari – Appellant
Versus
State of Maharashtra, through Anti Corruption Bureau – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri S.V.Sirpurkar
For the Respondent: Shri I.J.Damle, Additional Public Prosecutor

JUDGMENT :

1. The appellant (accused) has challenged judgment and order of conviction and sentence dated 15.5.2015 passed by learned Special Judge, Gadchiroli (learned Judge of the trial court) in Special Case No.2/2013.

2. By the said judgment and order of conviction impugned, learned Judge of the trial court convicted the accused for offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (the said Act) and sentenced him to suffer rigorous imprisonment for one year and to pay fine Rs.10,000/-, in default, to suffer simple imprisonment for six months.

3. Brief facts of the prosecution case emerges from police papers and recorded evidence are as under:

    One Shobha Raju Gundawar, was complainant. She was retail kerosene dealer at Bori, taluka Aheri, district Gadchiroli. The accused was serving as Police Inspector and was attached to Aheri Police Station. On 5.2.2011, the accused visited her house and verified stock of kerosene and found 401 liters kerosene in excess. She approached the accused and, as per allegation, the accused demanded Rs.20,000/- f

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