VIJAYKUMAR PIRAJI CHINCHALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In view of order dated 14th January 2019 passed by the co-ordinate Bench of this court (Coram : Smt.Sadhana S. Jadhav, J.) and the order dated 14th December 2018 passed by the Honourable Supreme Court in the petition for Special Leave to Appeal (Criminal) No.10486 of 2018, this appeal is taken up for final hearing.

(2.) The appellant/convicted accused, who was working as the Superintendent, State Excise Department at Ratnagiri, by this appeal, is challenging the judgment and order dated 5th October 2016 passed by the learned Special Judge, District Ratnagiri, in Special Case No.10 of 2015, thereby convicting him of offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. On both counts, the appellant/convicted accused is separately sentenced to suffer rigorous imprisonment for 5 years apart from direction to pay fine of Rs.10,000/- and in default, to undergo simple imprisonment for 6 months. The learned Special Judge further directed that substantive sentences shall run concurrently.

(3.) Facts, in nutshell, leading to prosecution and the resultant conviction of the appellant/convicted accused, as gathered from the complaint Exhibit 36 lodged by complainant/PW1 Rajaram Gadade as well as from the chargesheet vis-a-vis response of the defence thereto, are thus :