STATE OF MAHARASHTRA Vs. RAMESH KHANDU SALVE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 23rd August 2005 passed by the Learned Special Judge, Bombay acquitting respondent (accused ) of charges framed under Section 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988.

(2.) It is prosecution's case that accused was working as Inspector in the license department in "M" ward of BMC. Complainant, P.W.-1 who was, an unlicensed fruit vendor, contacted accused on 26th April 2002 and requested for supplying forms required to be submitted for obtaining license. Accused did not have the required forms but informed P.W.-1 that even without filling and submitting the forms accused can help him to get the license but for that P.W.-1 will have to give him Rs.300/-. Therefore, on 29th April 2002, P.W.-1 approached ACB and lodged his report. The offence came to be registered and M. J. Patil- I.O. (P.W-4) investigated the same. Panch witnesses were arranged and it was decided to trap accused on 30th April 2002. Pre-trap formalities were completed and complainant with shadow panch were given instructions as to how accused should be trapped. Prosecution apprehended accused when he was found demanding and accepting the bribe of Rs.300/- from complainant and the tainted money was also recovered from accused. Investigation was commenced, papers were sent to the competent authority (P.W.3) for sanction and after the sanction was received, charge sheet came to be filed. Defence case is of total denial and of false implication.

(3.) To drive home the charge, prosecution examined in all 4 witnesses namely; Complainant P.W.-1 Mohd. Badre Alam Mohd. Yunus Shaikh, P.W.-2 Subhash Borkar, Panch Witness, P.W.-3 Karun Shirvastav and P.W.-4 I.O.- Manoj Janardhan Patil