THE STATE OF MAHARASHTRA Vs. VITTHAL BABURAO KOLPE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 30 th September 2011 passed by Special Judge and Additional Sessions Judge-4, Nashik, acquitting respondents of the offence punishable under Section 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988.

(2.) The Learned APP in fairness submitted that it will be an uphill task for the prosecution to pick holes in the impugned judgment because the evidence itself says that the alleged work for which the illegal demand was made, was completed even before the first demand itself is alleged to have been made. The Learned APP also in fairness agreed that the court's observation that complainant's father is alleged to have given the first installment of bribe of Rs.500/- but he was not examined as a witness. Even one Sukhadeo Ghumre, who is supposed to have accompanied complainant with the father of complainant, when the first installment of Rs.500/- was paid, also has not been examined. Even Ashok Ghumre, who is supposed to have informed P.W.-1 that P.W.-1 was called to report in the police station with his father and surety, also has not been examined.

(3.) Learned APP Ms Dabholkar, therefore, in fairness agreed that the motive for making the demand and the acceptance of bribe of the first installment, also has not been proved.