LAWS(BOM)-2011-2-110

STATE OF MAHARASHTRA Vs. SHIVRAM

Decided On February 17, 2011
STATE OF MAHARASHTRA Appellant
V/S
SHIVRAM Respondents

JUDGEMENT

(1.) This is an appeal filed by the State, challenging the judgment and order dated 10051999 passed by the Special Judge, Jalna in Special Case No. 25 of 1993, by which respondent Nos.1 and 2 are acquitted for the offence punishable under Sections 7, 13(2), read with Section 13(1), 12 read with Section 7 and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and under Section 109 of the Indian Penal Code.

(2.) The charge against accused Nos. 1 and 2 respondents herein was that on 04031993, accused No.1 attempted to obtain Rs.1000/for himself as a gratification from Shobhabai Nandkishore Mittal resident of Jalna to show her favour while doing official duty to prosecute her application in her favour against Rickshaw driver. Accused Nos. 1 and 2 accepted the amount and committed the said offence.

(3.) On 06041993 husband of the complainant arrived at 930 p.m. The complainant told her husband that, both the accused told that if the amount of Rs.1000/is paid then they will prosecute Rickshaw driver. Else, if the amount is not paid, in that case, they will take action against the complainant for filing false complaint. The complainant told the accused that she will pay the said amount on next day after withdrawing the same from the bank and the accused persons asked the complainant to give on next day.