SANJAY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the judgment and order delivered by the Special Judge (appointed under section 3 of the Prevention of Corruption Act) for Greater Mumbai, convicting the appellant of offences punishable under Section 7 and Section 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as 'P.C. Act') and sentencing him to suffer Rigorous Imprisonment for 3(three) years, and to pay a fine of Rs.7,500/ on each of the said two counts.

(2.) The prosecution case, as put forth before the trial Court, can be best taken from Form No. 5E of the Printed Prescribed Proforma of the police report (Final Report Form) u/s.173 of the Code of Criminal Procedure. In brief, it be stated thus :

(3.) The prosecution examined four witnesses during the trial. The first one is the complainant himself and the second is Ajay Sarolkar, a panch. The third witness Jayraj Phatak is the person who had accorded sanction to prosecute the appellant under the provisions of Section 19 of the P.C. Act. The fourth and the last witness for the prosecution is Rajendra Jadhav, the trap laying and Investigating Officer The appellant did not examine himself as a witness. He, however, examined one Nayan Pumbhadiya as a witness in his defence.