STATE OF MAHARASHTRA Vs. MALLINATH RAJARAM HARSURE

JUDGEMENT

(1.) The Appellant-State has questioned correctness of the Judgment and Order dated 21st May 2010 passed by the Adhoc Additional Sessions Judge, Solapur in Special (ACB) Case No. 4 of 2005, acquitting the original accused No.1, i.e. present respondent, from the offence punishable under Sections 7, 13 (1) (d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short, "the P.C. Act"). The Appellant-State has not questioned the acquittal of original accused No.2 Dattatray S. Gaikwad in the present case.

(2.) Heard Mr.Hulke, learned A.P.P. for the appellant-State. Despite service, none appears for the respondent.

(3.) The prosecution case in brief is that, the respondent was working as Inspector in Social Welfare Department, Zilla Parishad, Solapur and the original accused No.2 was serving as peon in the said Department. Mr.Mahendra Aurangabadkar (PW-1), complainant, a stamp vendor was conducting his business in the precincts of the Zilla Parishad Building Solapur. The complainant (PW-2) was a person belonging to Hindu Brahman Caste and was married with Smt.Chaya Pundlik Londhe, who was belonging to Hindu Mang Caste. Their marriage took place on 3rd May 1993. As the said marriage was an inter-caste marriage, the complainant had received grant of Rs.5,500/- from the Government, in or around December 1993. That in the year 1995, the Government of Maharashtra declared additional grant of Rs.9,500/- to the couple, who had performed inter-caste marriage. It was alleged that, in furtherance of the said Government Notification the complainant (PW-1) submitted application to the Office of the respondent i.e. the Social Welfare Department, Zilla Parishad, Solapur for getting additional grant and/or difference in the Government grant. It is further alleged that, in connection with the additional grant, the complainant met respondent in his office, who demanded a bribe of Rs.1,000/- for processing his application. As the complainant PW-1 was not interested in paying illegal gratification to the respondent, he lodged a complaint with the Anti Corruption Bureau, Solapur.