STATE OF MAHARASHTRA Vs. RAMESH CHHABULAL BORSE

JUDGEMENT

(1.) Heard both sides. The present appeal is preferred by the State aggrieved by the acquittal of the present respondent of the offences punishable under section 7, 13(1)(d) r/w. 13(2) of the Prevention of Corruption Act.

(2.) The prosecution case, in short is as under:-

(3.) Upon receipt of the complaint, Investigating Officer i.e. P.W. 4 P.I. Babruwahan Ambegaonkar started the investigation. He collected two panch witnesses from Zilla Parishad. Regular exercise of pre-trap was conducted in the Office. Pre-trap panchanama was prepared, decoy money was smeared with anthracene powder during the said exercise and the smeared currency note was kept in the left side shirt pocket of the complainant. P.W. 2 i.e. one of the panchas was directed to accompany the complainant to watch as to what transaction would take place and what dialogue would be there between the complainant and the respondent. The complainant was instructed that if the amount is demanded and received by the respondent, he should give the pre-determined signal by moving his hand on his head.