STATE OF MAHARASHTRA Vs. BABURAO AMRUTRAO MORE

JUDGEMENT

(1.) Heard learned APP for appellant-State and learned counsel appearing for respondent. The State questions acquittal of respondent in Special Case No. 9 of 1998 for offence under Sections 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act dated 31st August, 2001 by learned Addl. Sessions Judge/Special Judge, Ambajogai.

(2.) Leave was granted on 26th September, 2003. Appeal was admitted and Paper book was dispensed with.

(3.) The prosecution case was, Rohidas, uncle of complainant, had purchased 2 acres land from survey No. 52 of village Chinchpur. He handed over copy of sale deed and urged the respondent to take mutation in revenue record and issue 7/12 extract. The accused, allegedly, demanded amount of Rs. 1,000/-, it was negotiated and settled at Rs. 500/-. Said Rohidas paid Rs. 200/- to accused, the accused called Rohidas after 15-20 days. On 14th July, 1997, Rohidas inquired with accused whether, work was done. As stated earlier, amount of Rs. 200/- was received by accused and balance amount was to be sent to him through complainant, and then, accused assured to issue 7/12 extract to Rohidas. On 19th July, 1997, complainant approached the Office of Anti Corruption Bureau, report was recorded and trap was decided to be laid.