STATE OF MAHARASHTRA Vs. SHALIKRAM

JUDGEMENT

(1.) Heard learned Counsel appearing for the parties.

(2.) The appellant-State by way of this appeal has challenged the acquittal of respondent (accused) in Special Case No.9/1995, passed by the Special Judge, Chandrapur vide its judgment and order dated 08.12.2005. The Special Judge has acquitted the accused from the charges punishable under Sections 7, 13[1][d] read with Section 13[2] of the Prevention of Corruption Act , 1988 (P.C.Act). The Trial Court disbelieved the evidence of P.W.1 informant - Shri Pathak for want of corroboration. So also the trial Court, held that the sanction to prosecute was issued without application of mind, and therefore it vitiates.

(3.) The facts of prosecution case can be stated briefly, that the informant - Pathak was serving as S.T. Conductor at Chandrapur Depot. Due to certain ailment, on 23.03.1995 he went to the Rural hospital at Warora and obtained OPD Card. The then Medical Officer Dr. Jumde examined him and gave prescription to buy the medicines from outside. After recovering from the illness, on 04.04.1995 the informant met Dr. Jumde and requested him to issue fitness certificate for resuming duties, so also requested Dr. Jumde to put his counter signature on the medical bills for the purpose of reimbursement. Dr. Jumde asked the informant to meet accused - Patle for said purpose. Accordingly, the informant produced the relevant papers and requested the accused to do the needful. At that time, accused demanded Rs.100/- for obtaining signature of Dr. Jumde on the fitness certificate. Since the informant was not having money, the accused asked him to bring the same on the following day. The informant agreed to pay the bribe amount of Rs.100/- and left the place.