GANADHESH V KHANDEPARKAR Vs. STATE

JUDGEMENT

(1.) This is an appeal by Ganadesh Vasudev Khandeparkar, aged 42, a Deputy Inspector of Education in the employment of the Government of Goa, Daman and Diu, against his conviction under Section 161 of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947. Under the former charge he has been sentenced to six months' rigorous imprisonment and a fine of Rs. 200 or, in default, one month's rigorous imprisonment, while on the latter the sentence awarded to him is two years' rigorous imprisonment and a fine of Rs. 600 or, in default, three months' rigorous imprisonment. The substantive sentences of imprisonment have been directed to run concurrently.

(2.) After stating the facts, leading to the complaint, the trap laid to catch the accused and the recovery of the amount paid to the accused. His Lordship continued as under:-

(3.) Assuming for the sake of arguments that the uncorroborated statement of Narayan Patil can be relied upon in support of the points made by him, it remains to be adjudged whether that statement is intrinsically sound. After examining his statement in the light of other data on the record I have reached the conclusion that Narayan Patil is an altogether undependable and unreliable witness. He perjured in saying that the accused was a member of the selection committee. He is clearly believed on that point by the statement of Shri Sardesai, the Dy. Director of Education. [After fully discussing the evidence of Narayan Patil and rejecting it as less reliable, His Lordship continued as under :-