STATE OF MAHARASHTRA Vs. RAGHUNATH DNYANDEV KATKAR

JUDGEMENT

(1.) This is a State's appeal against judgment of acquittal delivered by the Special judge (ACB) Kolhapur. Though the Complainant complained against two Police officers, action was taken against present Respondent only. He faced trial for the offences punishable under Ss. 7, 13 (1) (d) read with Sec. 13(2) of the Prevention of Corruption Act. He was acquitted vide judgment dtd. 13/7/2016.

(2.) Trial Court noticed variances in the testimonies of Complainant PW-1 and trap panch PW-2. On the basis of grievance of Complainant-Sayaji (that real complaint is not coming forward) trial court given benefit of doubt to the Respondent. So also the Respondent was not having official work of "giving reply in return of property application" and still sanction was given. So trial Court held there was non application of mind. This is a case wherein the trial Court totally disbelieved the Complainant without verifying what he has said against the Respondent.

(3.) So in this appeal we have to ascertain :-