RAVINDRA MAHADEO KOTHAMKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, a Tax Recovery Clerk, serving with the Municipal Corporation at Thane, was prosecuted on the allegation of having committed offences punishable under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (P.C.Act). The learned Special Judge (appointed under Section 3 of the P.C.Act) after holding a trial found him guilty of the aforesaid offences. The learned Special Judge sentenced the appellant to suffer Rigorous Imprisonment for 1 year and to pay a fine of Rs. 1500/- on each of the said two counts, with default sentences of Rigorous Imprisonment for 6 months. The learned Special Judge directed that the substantive sentences would run concurrently.

(2.) I have heard Shri M.J. Bandgar, the learned counsel for the appellant. I have heard Smt. S.V. Gajare Dhumal, the learned APP for the State. I have gone through the entire evidence adduced during the trial. I have also carefully gone through the impugned judgment.

(3.) The prosecution case, as put forth before the trial court, in brief, be stated thus :