STATE OF MAHARASHTRA Vs. SARDAR CHANDSAHEB SILAR

JUDGEMENT

(1.) Appellant is impugning an order and judgment dated 25.5.2001 passed by Special Judge, Solapur, acquitting respondent of offences punishable under Section 7 (Offence relating to public servant being bribed) 13(1) (d) and 13(2) (Criminal misconduct by a public servant) of the Prevention of Corruption Act, 1988.

(2.) The case of the prosecution in short, is that complainant is residing in house no.51 in a slum area at Fakruddin Nagar, Solapur. Though the house belongs to complainant, the name of his brother Shridhar More had been entered in the record of municipal corporation as owner of the said property and complainant is shown as in possession. Therefore, complainant wanted to delete his brother's name Shridhar More from the record of municipal Corporation and he approached respondent (accused). According to complainant, it was accused who could get the work done and when he informed accused to delete the name of his brother Shridhar More, accused demanded Rs.500/- as bribe for doing that work. Since the hands of the accused had anthracene powder, accused is stated to have committed the offence though the alleged bribe amount was found on the floor.

(3.) Charges were framed and accused pleaded not guilty and claimed to be tried.