PANALAL DAMODAR RATHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is preferred by the first accused Panalal Damodar Rathi against the judgment of the High Court of Judicature at Bombay whereby it dismissed the Criminal Appeal filed by him and upheld the conviction and sentence imposed on him by the trial court.

(2.) The appellant was a Police-Prosecutor attached to the Court of Judicial Magistrate, Kopargaon in the district of Ahmednagar. He was tried jointly along with the court orderly Radhakrishna Rambhau Dalvi as second accused for offence punishable under S. 161, Indian Penal Code and S. 5 (1) (d) read with S. 5 (2) of the Prevention of Corruption Act. The appellant was convicted under S. 161, Indian Penal Code, and under S. 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act and sentenced to one year's rigorous imprisonment and a fine of Rs. 1000 and in default to further rigorous imprisonment for three months. The second accused who was also convicted and sentenced by the trial court and whose appeal to the High Court failed is not before this Court.

(3.) The appellant preferred Criminal Appeal No. 1347 of 1970 before the High Court against his conviction and sentence. The High Court confirmed the conviction and sentence and rejected the appeal. An application for leave to appeal to the Supreme Court was rejected by the High Court. The appellant applied for special leave to this Court which was granted and thus the appeal is before us.