MILIND MADHUKARRAO KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order dtd. 17/1/2013, passed by the learned Special Judge, Kelapur in Special Case No. 3/2006, convicting the appellant under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "Act").

(2.) The prosecution case, is that on 23/5/2006 at about 9.00 a.m., Sumit Matte visited the office of the Anti-Corruption Bureau, Yavatmal, and lodged his complaint. He stated that his maternal uncle was the owner of agricultural land admeasuring 1.55 Hectares situated at Gat No. 23 at village Manki, Tahsil Wani, District Yavatmal. In the year 2005, the said land was purchased by his father, and mutation entry in that regard was effected in his father's name on 18/12/2005. The said land was under tenancy of Sambhaji Madao Panchbhai and five others, and their names continued to appear on the 7/12 extract.

(3.) Crime No. 3085/2006 dtd. 23/5/2006 came to be registered against the appellant for the offences punishable under the provisions of the PC Act. Upon completion of the investigation, a charge-sheet was filed before the learned Special Judge, Anti-Corruption Bureau, Yavatmal. The learned trial Court thereafter framed Charge against the accused at Exh.17 for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the said PC Act. The accused pleaded not guilty and claimed to be tried.