RATNAKANT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both sides.

(2.) THE present appellant was convicted by the learned Special Judge, Aurangabad in Special Case No. 15 of 1995 vide judgment and order dated 3/5/2001 for the offences punishable under section 7 and also under section 13(2) r/w. Section 13(1)(d) of the Prevention of Corruption Act. He was sentenced to suffer rigorous imprisonment for 1 year and to pay fine of Rs. 1000/ -, in default to suffer simple imprisonment for 2 months for the offence punishable under section 7 of the Prevention of Corruption Act and was sentenced to suffer rigorous imprisonment for 2 years and to pay fine of Rs. 2000/ -, in default to suffer simple imprisonment for 4 months for the offence punishable under section 13(2) r/w. Section 13(1)(d) of the Prevention of Corruption Act. Hence, the present appeal.

(3.) BEFORE the learned Special Judge, in all 9 witnesses were examined. P.W. 1 -Hari Danekar was the Maintenance Surveyor at Vaijapur during the period. He has prepared the map of the place where the trap was organized at Exhibit 29. No suggestion was given to him that the map is not prepared correctly. P.W. 2 Uttam Kere was the Line Helper during the relevant period. P.W. 3 - Satish Karpe was the Assistant Engineer and P.W. 4 - Pramod Deshpande was the Junior Engineer of M.S.E.B. at Garaj during the relevant period. P.W. 5 -Manik Zarkar -the Superintending Engineer accorded the sanction. P.W. 6 -Nivrutti Adhude is the complainant himself. P.W. 7 -Krushna Hiwrale is the shadow panch witness. P.W. 8 -Ashok Panchariya is another consumer who had deposed about the previous incident. P.W. 9 -P.I. Ambadas Sawai is the Investigating Officer.