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2022 Supreme(Bom) 2664

R. G. AVACHAT
Kishan Irbhaji Waghmare – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Joydeep Chatterji, Advocate, S.P.Sonpavale, Advocate

JUDGMENT/ORDER

1. The challenge in this appeal is to the judgment dtd. 27/7/2007 passed by learned Special Judge, Nanded in Special (ACB) Case No.9 of 2004. Vide the impugned judgment, the appellant herein has been convicted for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 ("P.C. Act", for short) and therefore, sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.3,000.00; and to undergo simple imprisonment for one year and to pay fine of Rs.4,000.00, respectively.

2. The facts in brief, giving rise to the present appeal, are as follows.

3. PW 1 - Ganesh (complainant) would run S.T.D. booth at village Mandvi, Tq. Kinwat, Dist. Nanded. His mother runs a licensed country liquor shop. He would assist his mother in running the said shop. Dharmendra, son of the complainant's brother, would assist the complainant in running S.T.D. booth. The complainant's brother - Jagannath is addicted to liquor. He had obtained permit for consumption of liquor. It so happened that Dharmendra and the complainant's servant - Arjun were proceeding on motorbike on 18/4/2004. They were carrying two box containing coun

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