RAMESH TUKARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (accused) has challenged the judgment and order of conviction and sentence dtd. 13/3/2006 passed by learned Judge, Special Court, designated under The Prevention of Corruption Act, 1988 (learned Judge of the trial court), Wardha in Special Case (ACB) No.5/1997. By the said judgment, the accused is convicted for the offences punishable under Sec. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (the Act of 1988) and sentenced to suffer three years rigorous imprisonment and fine of Rs.2,000.00 in default to undergo further rigorous imprisonment for a period of six months for the offence punishable under Sec. 7 of the Act of 1988 and he has also sentenced to suffer rigorous imprisonment for the period of five years and fine of Rs.2,000.00 in default to undergo further rigorous imprisonment for the period of one year for the offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of the Act of 1988.

(2.) The brief facts of the prosecution's case as emerges from the evidences recorded before the trial Court are as under :

(3.) During the trial, the prosecution has examined in all five witnesses namely P.W.-1 Jagannath Pandharinath Dange/Sanctioning authority Exhibit-42, P.W.-2 Prakash Pandharinath Tidke/Naik Police Constable Exhibit-47, P.W.-3 Babarao Raija Fuse/complainant Exhibit53, P.W.-4 Ashok Sadashiv Bisen/shadow panch Exhibit-69, P.W.-5 Suresh Vinayakrao Kokate/Investigating Officer Exhibit-87, the accused has also examined defence witnesses D.W.-1 Ramkrushna Vishweshwar Appa Ganjiwale Exhibit-98 and D.W.-2 Ramdas Vistari Talanje Exhibit-105.