STATE OF MAHARASHTRA Vs. SAU. UJWALA RATNAKAR MANE

JUDGEMENT

(1.) This Appeal is directed against the judgment and order passed by the Special Judge at Satara in Special Case No.5 of 2004, whereby the accused/respondent came to be acquitted of the offence punishable under Ss. 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the Act").

(2.) It is the case of the prosecution that between 1/8/2001 and 15/9/2003, the accused worked as a Class-2 Medical Officer (a public servant) at Civil Hospital in Satara. The complainant, Rahul More's mother, was running a cloth shop in the village Shendre, Satara, where Mahesh Baban Taware (PW4) was employed. According to the prosecution, on 11. 9.2003, Mahesh Baban Taware (PW4) was assaulted by Mahendra Kadam and one Chavan. As a result, Mahesh Taware (PW4), along with Rahul More (PW1), went to the police station to lodge a complaint. The police then sent Mahesh Taware to Civil Hospital, Satara, for treatment, where he was treated by the respondent/accused. However, on asking for a medico-legal certificate (hereinafter referred to as 'the certificate"), the respondent/accused demanded Rs.200.00as illegal gratification for issuing the certificate. The complainant, therefore, went to the Anti-Corruption Bureau, Satara and lodged a report detailing the facts.

(3.) Madhav Dattatraya Solaskar (PW2) and Vaishali Mohan Rajmane, employed at the office of the Collector in Satara, were appointed as panch witnesses. After verifying the contents of the complaint, the complainant was given currency notes worth Rs.200.00 that were smeared with anthracene powder. Madhav Solaskar (PW2) was instructed to accompany the complainant during the trap at Civil Hospital, Satara. The complainant, panch witnesses and other police staff then went to the Civil Hospital, Satara, to conduct the raid on 15/9/2003, around 1.40 hrs. The accused was nabbed in the hospital after accepting the bribe of Rs.200.00.