STATE OF MADHYA PRADESH Vs. KANTARAM RAMTEKE

JUDGEMENT

(1.) The instant appeal preferred by the State/appellant is directed against judgment dated 26th June, 1995 passed by the First Additional Sessions Judge/Special Judge, Raipur in Special Criminal Case No. 64/91, whereby the learned Special Judge has acquitted accused/ respondent Kantaram Ramteke of the charges framed under Sections 7 and 13(l)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (henceforth 'the Act, 1988').

(2.) Case of the prosecution, in brief, is as under:

(3.) Shri M.P.S. Bhatia, learned Deputy Government Advocate appearing on behalf of the State/appellant argued that the prosecution has proved its case beyond reasonable doubt, but the learned Special Judge has failed to appreciate the evidence adduced by the prosecution. B. P. Sharma (PW-10), S. K. Verma (PW-12), M. K. Hiradhar (PW-7) and C. L. Banjare (PW-8) specifically deposed that the respondent had demanded bribe from Mohitram (PW-13) and Mohitram (PW-13) gave bribe money to the respondent, which was recovered from him. The respondent accepted the bribe money, which is illegal gratification. The learned trial Court has wrongly disbelieved the evidence of prosecution and the prosecution has proved its case by the evidence of the above witnesses. The testimonies of prosecution witnesses are wholly reliable. Looking to the circumstances of the case, it is established that the respondent had demanded bribe from the complainant, therefore, the finding of the trial Court deserves to be set aside.