STATE OF MAHARASHTRA Vs. DNYANESHWAR LAXMAN RAO WANKHEDE

JUDGEMENT

(1.) Leave granted.

(2.) The State is before us being aggrieved by and dissatisfied with a judgment and order dated 19.07.2005 passed by a learned single Judge of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur whereby and whereunder a judgment of acquittal was recorded in favour of the respondent herein who was convicted by the Special Judge, Wardha in Special Case No. 4 of 1996 under Section 7(1) of the Prevention of Corruption Act, 1988 (for short "the Act").

(3.) Respondent was, at all material times, serving as a Head Constable in Police Station, Karanja in the District of Wardha. Madhukar Dhote, hereinafter referred to as the complainant, was a resident of village Taroda in the Tehsil of Karanja (Ghadge). He had lodged a report against Dhanaraj Mohod and his servant Sudhkar Borkar for allegedly allowing their cattle to graze orange plants. Sudhkar Borkars mother, however, lodged a report against the complainant that he had assaulted her son. In his capacity as a Head Constable, the respondent visited the village for making an enquiry.