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2023 Supreme(Online)(Bom) 24789

BOMBAY HIGH COURT
PRAKASH D. NAIK, J
Shafi Abdul Rahiman Kudale – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Niranjan P. Shimpi
For the Respondents: Mr. R. M. Pethe, APP

JUDGMENT :

1. This is an Appeal under Section 374 of Cr.P.C. challenging the Judgment and Order dated 26th February 1998 passed by learned Special Judge, Solapur in Special Case No. 15 of 1994. Appellant has been convicted for an offence punishable under Section 13 (2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “P.C. Act”) and sentenced to suffer rigorous imprisonment for the period of one and half year and to pay fine in the sum of Rs.1250/-. The Appellant is further convicted for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for the period of nine months and to pay fine in the sum of Rs.750/-.

Substantive sentences to run concurrently.

2. The case of the prosecution is as under:-

(i) The complainant is resident of Solapur. His father had purchased matador in the name of complainant. He used to ply matador at Valsang and Akkalkot. On 29th January 1994, the matador vehicle was intercepted by RTO for illegal traffic. Memo was issued. License and the papers of the vehicle were taken into custody by the concerned Officer.

(ii) The accused was working as Junior Cle

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