NATHAJI TUKARAM LOHAKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under section 7 of Prevention of Corruption Act, 1988 and is sentenced to suffer R.I. for the period of six months and to pay fine of Rs. 500/- in default to suffer R.I. for four months. The appellant is further convicted for the offence punishable under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 and is sentenced to suffer R.I. for a period of one year and to pay fine of Rs. 1,000/- I.d. to suffer R.I. for six months, by the Special Judge, Solapur vide Judgment and Order dated 11th February, 1997 in Special Case No. 13 of 1993. Hence, this appeal.

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

(3.) The prosecution examined 6 witnesses to bring home the guilt of the accused. P.W.1 Mr. Hanmant Sangate is panch No. 1 who had accompanied the complainant at the time of parting with the tainted currency in favour of the appellant. P.W.2 Kishore Rajenimbalkar is the Sub-Divisional Officer who accorded sanction. P.W. 3 Vilaas Bhat who is circle inspector who had drawn scene of offence panchanama. P.W. 4 Kharche, the de-facto complainant who had set the law into motion. P.W. 5 Hanmant Karande, a relative of the complainant who is a witness to the first demand extended by the appellant on 10th March, 1993 and P.W. 6 Md. Yunnus Shaikh, the investigating officer. The appellant has examined one Hardas Kharche as defence witness.