STATE OF MAHARASHTRA Vs. SHAIKH ISMAIL VALISAHEB

JUDGEMENT

(1.) The appeal is filed by the State against judgment and order of acquittal, delivered by Special Judge and Additional Sessions Judge, Osmanabad in Special Case No. 4/1998. The respondent is acquitted of the offence punishable under sections 7, 13(1)(d) r/w. S. 13(2) of Prevention of Corruption Act. Both the sides are heard. This Court has perused the original record.

(2.) In short, the facts leading to institution of appeal, can be stated as follows:--

(3.) The accused demanded Rs. 3,000/- as a bribe for helping the complainant and his relatives. The complainant said that he was not in a position to give Rs. 3,000- and so the matter was settled at Rs. 1,000/-. On 9.9.1997 itself the amount of Rs. 500/- was handed over to the accused and it was decided that the remaining amount was to be given after creation of the road by the revenue authority. On that day, the accused helped the complainant for preparing application, which was to be submitted to the revenue authority for creation of the road. This application was submitted before Tahsildar, who can make some orders under Mamlatdars' Courts Act.