RAHIM BAIG MIRZA BAIG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is against the judgment and order dtd. 27/6/2011 passed by the learned Special Judge and Additional Sessions Judge, Beed in Special Case No. 33/2001, whereby the present appellant-accused is held guilty for the offence punishable under Sec. 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 ('P.C. Act' for short). He is sentenced to suffer Rigorous Imprisonment (R.I.) for one years and to pay fine of Rs.20,000.00 in default to suffer Simple Imprisonment (S.I.) for six months for the offence under Sec. 7 of P.C. Act. He is further sentenced to suffer R.I. for three years and to pay fine of Rs.30,000.00 in default to suffer S.I. for one year for the offence under Ss. 13(1)(d) read with 13(2) of P.C. Act. Both the substantive sentences are directed to run concurrently.

(2.) The story of the Prosecution in short is as below:

(3.) As decided complainant with two other persons proceeded towards the office of the accused, while going, he was told by one Jay Anna that the accused left the office at 10:30 pm. to attend the marriage ceremony. The raiding party still went to the house of the accused, it was found to be locked. Thus it was decided to lay a trap on 23/3/2023. Even the trap on 23/3/2023 as failed it was informed that the accused had left the office and went to Nashik. Ultimately the trap succeeded on 24/3/2023 in 5thattempt. On that the prosecution came to be launched and after the trial, the appellant is held to be guilty.