STATE OF MAHARASHTRA Vs. HANUMANT GANGADHARRRAO PANCHAL

JUDGEMENT

(1.) This is an application seeking leave to fle an appeal against acquittal challenging the judgment and order dtd. 27/1/2022 passed in Special (ACB) Case No.02/2019 by the learned Additional Sessions Judge/ Special Judge, Parbhani acquitting respondent from the ofences punishable under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act.

(2.) The story of the prosecution in short is that the complainant, who was examined as PW-1 namely Gajanan s/o Lala Zodpe, lodged the complaint that he cut of trees of Anjan and sold the same to a Merchant. The accused who was working as A.P.I, stopped the tractor, in which Merchant was carrying out the said trees. The accused and Merchant had some talks on that Merchant paid some amount to the respondent and the respondent allowed his tractor to go. The accused thereafter insisted upon the informant to pay amount, for not taking action as the informant was not ready to give the amount, he lodged the complaint with the ACB. The ACB on receiving a complaint, laid a trap. It is alleged that the trap was successful and the respondent was apprehended red-handed.

(3.) After that, prosecution was launched by the State by obtaining sanction. The Court found that the demand and acceptance, both are not proved. Merely a pre-decided signal was given to the raiding party could not be taken as acceptance of the amount. Though antheracene powder was found on the clothes and the hands of the accused, it was held that no ofence is proved as the acceptance of amount is not proved. The said evidence is not sufficient to held the accused guilty as the PW-1 has not stated in his deposition anything about acceptance of the bribe amount. The evidence of PW-2 was also considered by the Court, who stated that he was standing out wherein the amount was allegedly accepted.