STATE OF MAHARASHTRA Vs. SURESH BALIRAM RANE

JUDGEMENT

(1.) This is an, appeal preferred by the State, under Section 378 of the Criminal Procedure Code, 1973 against the order of acquittal dated 17th November, 2011 passed by the Special Judge, Sindhudurg at Oras in Special Case No.11/2010.

(2.) Respondent, a public servant was charged and tried for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, ("Act" for short) for having accepted the amount of Rs.4,000/- as a gratification while serving as the Inspector of Taluka Land Records (TILR) as a motive or reward for measuring the land bearing Gat No.220 belonging to the complainant, Prasad Naik ("complainant" for short), other than remuneration for doing the official act and for also having committed misconduct by abusing his position as a "public servant".

(3.) That before adverting to the facts of the case and the arguments advanced by the learned Prosecutor for the State in support of Appeal and Mr. Khandeparkar, learned Counsel for the respondent, it may be stated that, in the proceedings instituted against the order of acquittal, it is open to the High Court to re-appreciate the evidence and conclusions drawn by the trial Court but only in a case when judgment of the trial Court is stated to be perverse. The word "perverse" to mean is "against the weight of evidence" as held by the Hon'ble Supreme Court in the case of Gemini Bala Koteshwara Rao V/s. State of Andhra Pradesh , 2010 AIR(SC) 589.