SHASHIKANT DONDIRAM KARANDE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 318 of 2010 is preferred by the accused challenging the Judgment and order dated 11th March 2010, passed by Special Judge, City Civil and Sessions Court, Gr. Mumbai, Bombay in Special Case No. 19 of 2015, convicting the appellant for the offence punishable under Section 7 of Prevention of Corruption Act, 1988 (hereinafter referred to as 'P.C. Act' for short) and sentencing him to suffer rigorous imprisonment for six months and to pay fine of Rs.1,000/- and also convicting him for the offence punishable under Section 13(1)(d) read with 13(2) of P.C. Act, whereby he is sentenced to suffer six months rigorous imprisonment and to pay fine of Rs.1,000/-. Whereas Criminal Appeal No. 412 of 2010 is preferred by the State of Maharashtra under Section 377(1) of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.' for short) for enhancement of sentence passed by the Court in the aforesaid Judgment and order. For the sake of brevity, the appellant in Criminal Appeal No. 318 of 2010 is hereinafter referred to as accused. The appeals were listed for direction/clarification on 1st July 2019 and after hearing parties again closed for Judgment.

(2.) The prosecution case is as follows:-

(3.) The charge was framed under Sections 7, 13(1)(d) read with 13(2) of P.C. Act by order dated 2nd August 2008. The prosecution examined seven witnesses. Statement of the accused was recorded under Section 313 of Cr.P.C. The accused was convicted for the offences as stated hereinabove. Hence, the accused have preferred an appeal under Section 374(2) of Cr.P.C., whereas the State has preferred an appeal under Section 377 (1) of Cr.P.C. seeking enhancement of sentence.