RAMESH BHAGWANTRAO SONAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is challenging the judgment and order passed by the learned Special Judge, Anti Corruption Bureau, Aurangabad, dated 25th July, 2007, in Special Case No. 07 of 2002, in which the appellant was the accused. The appellant was charged for the offences punishable under sections 7, 13(2) read with 13(l)(d) of the Prevention of Corruption Act, 1988 (hence be referred to as the Act').

(2.) THE appellant, at the relevant time, was working as Assistant Sub-Inspector at the Police Chowki of Government Medical College Hospital, Aurangabad, under City Chowk Police Station, Aurangabad. THE facts leading to the litigation, are as under :

(3.) THE learned Advocate Shri. Rajendra Deshmukh made two submissions; first, the prosecution could not prove the factum of demand and delivery of the amount of bribe. Let me now examine this aspect of the case first. Both the prosecution witnesses Nos. 2 and 5, the complainant and his friend Ganesh, deposed as to how they requested the appellant for the certificates and how he demanded the bribe of Rs. 200/-.