DATTATRAYA BHAGWAN OMASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is taken up for hearing in terms of the following order of the Hon'ble Supreme Court in Petition for Special Leave to Appeal (Cri.) No.2334 of 2011 passed on 15th March 2011 :

(2.) By this appeal, the appellant - convicted public servant is challenging the judgment and order dated 17th January 2011 passed by the learned Special Judge under the Prevention of Corruption Act, Pune, in Special Case No.12 of 2007 convicting him of offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. For the offence punishable under Section 7 of the Prevention of Corruption Act, the appellant/accused is sentenced to suffer rigorous imprisonment for 1 year apart from direction to pay fine of Rs.1,000/, in default, to undergo further rigorous imprisonment for a period of 3 months. For the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, he has been sentenced to suffer rigorous imprisonment for 1 year apart from directing him to pay fine of Rs.1,000/, in default, to undergo further rigorous imprisonment for a period of 3 months.

(3.) Facts leading to the prosecution of the appellant/accused projected from the police report can be summarized thus :