SUBHASH PANDURANG JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred under Section 374 of Code of Criminal Procedure (for short " Cr.P.C .) challenging the Judgment and Order dated 06th July 2015 passed by Special Judge, Kolhapur in Special Case No. 4 of 2007, convicting the appellant for the ofence punishable under Section 7 and Section 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act , 1988. The appellant is sentenced to sufer rigorous imprisonment for Six months and to pay fne of Rs. 3,000/- ( Three Thousand Only) and rigorous imprisonment for One year and to pay fne of Rs. 5,000/- (Five Thousand Only) respectively for the aforesaid ofences.

(2.) Brief facts of the prosecution case are as follows:-

(3.) The prosecution examined complainant Javed Shamshuddin Mulla (PW No.-1), Panch Pandurang Ramchandra Mirlekar (PW No.2), Sanctioning Authority Yuvaran Anandrao Poman (PW No.3) and Investigating Oficer Vasant Bapurao Bagal (PW No.4). The prosecution relied on the documentary evidence i.e. Vardi of complainant (Exh.-16), 7/12 extract of land Gat No.396 (Exh.-13), Order of Tehasildar Hatkanangale (Exh.- 14), Application of complainant (Exh.-15), letter issued by Joint Commissioner Sales Tax, Kolhapur to ACB, Kolhapur (Exh.-12), Pre-trap Panchnama (Exh.-22), Post-trap panchnama (Exh.-23), Arrest Panchnama (Exh.-24) Destruction of articles panchnama (Exh.-25), Order of Tahsildar Hatkanangale (Exh.-29), Sanction for prosecution (Exh.-28) and order of Circle Oficer (Exh.-40).