KAILAS RAMDAS SANGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal the appellant - accused challenges the impugned judgment and order of conviction and sentence rendered by the Special Judge, Greater Mumbai on 31/3/2018 for the offences punishable under Ss. 7 r/w 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (for short "P.C. Act").

(2.) The learned Judge, by the impugned judgment, sentenced the appellant to undergo rigorous imprisonment for 2 years for the offence punishable under Sec. 7 of the P.C. Act inter alia directing him to pay fine of Rs.2,000.00 in default to suffer simple imprisonment for 3 months. He has also been sentenced to undergo rigorous imprisonment for 2 years and fine of Rs.2,000.00 for the offences punishable under Ss. 13(2) of the P.C. Act, in default to suffer simple imprisonment for 3 months.

(3.) The State Government has also preferred an appeal for enhancement of sentence on the ground of its inadequacy in view of Sec. 377(1) of the Cr.P.C. Obviously, the fate of an appeal by the State would depend upon outcome of the appeal preferred by the appellant against his conviction and sentence. In case, the appeal of the appellant is dismissed then only this Court would be required to consider whether the sentence awarded by the trial Court was inadequate.