STATE OF MAHARASHTRA Vs. BABURAO TAYAPPA MHETRE

JUDGEMENT

(1.) In this Appeal, the question arises whether the Special Judge was right in acquitting Respondent No.1-accused for the offence punishable under Sec. 7 and under Sec. 13(1)(d) read with 13(2) of the Prevention of Corruption Act (for short "said Act") and was also justified in acquitting Respondent No.2- accused for the offence of abetment punishable under Sec. 12 of the said Act.

(2.) The Special Judge acquitted both the Respondents-accused for the reason that offence on the point of demand was not satisfactory and there was variance in between the evidence of the complainant PW 1 Shri Bhavsar and trap panch PW 3 - Jaikumar Vanzari on material particulars. Whereas according to learned APP even though there were variances, it does not pertain to the material aspects but there are minor variance which normally occurs in evidence of two witnesses. Whereas learned Advocate for the Respondents supported the impugned judgment. So the question is whether variances noted by the Special Judge are on material particulars or whether they can be said to be natural variances and the question is whether Special Judge was justified in giving benefit to the Respondents. On considering those variances, this Court feels that they are variances not at all. Either there is no variance in the testimony of PW 1 and PW 3 on those aspects emphasized by the trial Court or if all aspects on record are considered, then it cannot be said that they are variances. After the said findings are corrected, still this Court will have to see whether there is scope for interference in the judgment of acquittal on the basis of scope of Appeal as settled in catena of judgments. Prosecution Case

(3.) The complainant PW 1 - Mahesh Bhavsar runs a worshop by name "Ribhavari Metal works" along with his father. There was electrical supply to his workshop since 2001. The complainant got bill for the month of September 2003, for Rs.7,080.00 and it was excessive. That is why the complainant visited the office of M.S.E.B, Solapur and met Junior Engineer, Respondent No.1 - Shri Mhetre. After that linemen Shinde and Respondent No. - Mhetre visited spot one after another. They noticed some wrong connection of the wirings. Ultimately, the connection was disconnected.