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2022 Supreme(Bom) 2649

AVINASH G. GHAROTE
Prakash Bhaskarrao Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Prakash Naidu, Advocate, A.R.Chutke, Advocate

JUDGMENT/ORDER

1. This is an appeal under Sec. 374 of the Code of Criminal Procedure (hereinafter referred as 'the Cr.P.C.') challenging the judgment passed by the learned Sessions Court dtd. 5/9/2009 convicting the appellant for the offence under Ss. 7 and 13 (i) (d) and 13 (2) of the Prevention of Corruption Act (hereinafter referred as "the P.C.Act"), whereby the appellant has been sentenced to suffer R.I. for one year and a fine of Rs.10,000.00 in default, S.I. for three months for the offence punishable under Sec. 7 of the P.C. Act and sentenced to suffer R.I. for one year and pay a fine of Rs.10,000.00, in default to suffer S.I. for three months for the offence punishable under Sec. 13(1)(d) and 13(2) of the P.C. Act.

2. The incident is dtd. 18/1/2001. It is alleged that the complainant Sudhakar Ghule (PW-1 page 24) had purchased a plot in 1996 from one Suresh Rothe in Shaktimata Nagar, Nagpur, upon which he had constructed a house in the year 1998 and was residing there. The demand for tax was received in the name of the old owner. On 29/1/1997, the complainant had deposited the necessary fees for mutation of his name and in pursuance thereto had visited the office of Nagpur M

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