STATE OF MAHARASHTRA Vs. BAPUSO SATYAPPA KAMBLE

JUDGEMENT

(1.) By this Appeal the Appellant-State is challenging the acquittal of the Respondents from the offence punishable under Section 7,12, 13(1)(d) read with under Section 13(2) of Prevention of the Corruption Act, 1988.

(2.) The prosecution case may be briefly stated thus :-

(3.) The complainant PW-1 feeling aggrieved, approached the Anti Corruption Bureau ('ACB') and lodged a complaint. PW-4 PI Sudhir Chougule who is the Riding Officer called two pancahs including PW-2 Subhash Kate and after explaining them the formalities a pre-trap panchnamma was drawn and the trap was laid at the Office of the Respondent No.1 on 10 March 1999. According to PW-1 when he accompanied by PW-2 went to the office of the Respondent No.1 there were 4 to 5 persons sitting in the office and the Respondent No.1 after finishing his works with those persons, demanded the amount of Rs.200/- and asked PW-1 to pay that amount to Respondent No.2 who was present there. Accordingly the amount of Rs.200/- was paid to the Respondent No.2 after which the pre-determined signal was given and other members of the riding party came in. The tainted currency notes were recovered from the Respondent No.2 and after completion of the formalities a post trap panchnamma was drawn. The matter was sent to the PW-3 Mr.Sanjay Radkar who as the relevant time working as a Sub Divisional Officer at Kolhapur for sanction. After grant of sanction a charge-sheet came to be filed before the learned Special Judge.