STATE OF MAHARASHTRA Vs. ARUN MAHADEO HADKE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 21st April 2005, passed by Special Judge, Pune, acquitting respondent of the offence punishable under Section 7 and 13(1)(d) read with Section 13(1)(2) of Prevention of Corruption Act, 1988.

(2.) Though learned APP tried to convince the court on the merits of the appeal, had to agree when the court pointed out that there was nothing to assail the order of the Trial Court.

(3.) Another glaring error is that the demand was made on 16th July 2001 and the amount was to be paid on 21st July 2001 and complaint was filed on 21st July 2001, i.e., on the date of trap. But the pre-trap panchnama Exhibit 14 mentions that panch witness has visited the office of ACB on 19th July 2001 and they were asked to come to ACB office on 21st July 2001. If complaint itself has been filed only on 21st July 2001, I wonder how the panch witnesses were called on 19th July 2001, even before the receipt of the complaint.