VITHAL KRISHNAT BIRAJDAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant herein is convicted for offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 and is sentenced to suffer rigorous imprisonment for a period of 6 months and fine in the sum of Rs. 300.00 in default to suffer rigorous imprisonment for two months. He is also convicted for offence punishable under Sec. 13 (2) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for the period of one year and to pay fine in the sum of Rs. 500.00 in default to suffer rigorous imprisonment for the period of three months by Special Judge, Solapur, in Special Case No. 15 of 1992 vide Judgment and Order dated 30/04/1996. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows.

(3.) P.W. 1 Shivaji Bhosale was working as Awwal Karkun in Tahsil Office, Madha since 1990. He has deposed before the Court that the accused was entrusted with the work of files pertaining to the applications made to Tahsildar under various heads. He used to take action as per the orders passed by Tahsildar in enquiry held by him. The names of the tenants in record of rights could be deleted only upon an order passed by Tahsildar. It is also admitted that the accused used to assist Naib Tahsildar or Tahsildar in recording the evidence in enquiry proceedings. P.W. 1 has further deposed that on 04/02/1990, in the afternoon, two women were seen talking to the accused and after 10 minutes, the A.C.B. had apprehended the accused.