LAWS(BOM)-2015-7-254

RAJESHWAR Vs. THE STATE OF MAHARASHTRA

Decided On July 23, 2015
RAJESHWAR Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD both sides.

(2.) AGGRIEVED by the recording of conviction and the consequent sentence of rigorous imprisonment for 6 months and to pay fine of Rs. 1,000/ - in default to suffer rigorous imprisonment for 2 months for the offences punishable under section 7 of the Prevention of Corruption Act, 1988, to suffer rigorous imprisonment for 1 year and to pay fine of Rs. 500/ - in default to suffer rigorous imprisonment for 1 month for the offences punishable under section 13(1)(d) r/w. 13(2) of the Prevention of Corruption Act, 1988, against the present appellant, by the learned Special Judge (P.C. Act), Aurangabad vide judgment and order dated 03/06/2014 in Special Case (A.C.B.) No. 18 of 2009, the present appeal is preferred.

(3.) BEFORE the learned Special Judge, in all six witnesses were examined. P.W. 1 -Yeshvir Yadav is the complainant. P.W. 2 -Milind Kothawala is the shadow panch witness. P.W. 3 is the Deputy Superintendent of Police, who has granted sanction to prosecute the appellant. P.W. 4 -Parmeshwar Paigavane is the Police Head Constable, to whom the complainant described as a friend and in -fact, statement of P.W. 6 -Kushalchand Baheti, the then Police Inspector of the Crime Branch would show that the work of the execution of warrant was entrusted to said P.W. 4 - Police Head Constable Parmeshwar Paigavane as a Senior Officer and the appellant was to assist him in the same. P.W. 5, as detailed above, is the Investigating Officer while P.W.6 was the then Police Inspector, Crime Branch, as referred above.