SHASHIKANT SITARAM MASDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two Appeals can be conveniently disposed of by this common judgment as the appellants in both the Appeals were convicted on a single trial held by the Special Judge (under the Prevention of Corruption Act, 1988) for Greater Bombay. The appellants in Criminal Appeal No. 248/02 are policemen. The appellant in Criminal Appeal No.307/02 is, however not a public servant. He is an ordinary citizen. The learned Sessions Judge has convicted and sentenced the appellants in Criminal Appeal No.248/02 of offences punishable under section 7 and of an offence punishable under section 13(2) read with Sec. 13(1) (d) of the Prevention of Corruption Act (hereinafter referred to as "the P.C.Act"). He sentenced both of them to suffer Rigorous Imprisonment for 1(one) year each, and to pay a fine of Rs.1,000.00 each on both the counts. He directed that the substantive sentences would run concurrently. The appellant in Appeal No.307/02 was convicted of an offence punishable under Sec. 12 r/w section 7 of the P.C. Act. The learned Special Judge sentenced him to suffer RI for 6(six) months and to pay a fine of Rs.500.00. Being aggrieved by their conviction and the sentences imposed upon them, the appellants have approached this Court by filing separate Appeals, as aforesaid.

(2.) During the pendency of the present Appeals, the appellant no.1 in Criminal Appeal No. 248/02 - Shashikant Masdekar - passed away. However, since the sentence imposed upon him by the learned Special Judge comprised of a sentence of fine also, the Appeal - even in so far as it related to him - did not abate.

(3.) The appellants in Criminal Appeal No. 248/02 were the accused nos.1 and 2 respectively, and the appellant in Criminal Appeal No.307/02 was the accused no.3 in the trial Court. For the sake of convenience and clarity, they shall be referred to by their position in the trial Court.