STATE OF MAHARASHTRA Vs. ARUN UMAJI BANSODE

JUDGEMENT

(1.) THIS is an appeal against acquittal filed by the state against the judgment and order dated 19-2-1991, passed by the Judicial Magistrate, First Class (A. C.), pune in Criminal Case No. 1296 of 1986.

(2.) THE brief facts of the prosecution case are AS under: A. That the complainant Vinayak Shankar Jadhav was the superintendent at Sadhana High School, Hadapsar, Pune. On 15-2-1986 he and his brother-in-law Chandrakant Raoji more? and two staff members of his school by name dattatray Sarvottam Kapare and Mohan Anantrao Yadav decided to see a movie at Rahul theatre. The complainant and his brother-in-law purchased tickets of the show of 4:00 p. m. and were waiting in the compound of Rahul theatre for the staff members Kapare and Yadav. While they were waiting, the audience went inside the theatre. The complainant was having tickets in his hand and at that he was approached by two police officers who were under the impression that the complainant was indulging in black-marketing of the tickets. The accused who was a police officer caught hold of the left arm of the complainant. The accused was under the impression that the complainant was black-marketing. He slapped the complainant on the back side of the neck thrice and took him to the Shivaji Nagar Police Chowky. On verification, however, it was found that the complainant. was not black-marketing and the accused was asked to release the complainant. However, the accused took the complainant outside and pushed him in a rickshaw. One another policeman entered from the other side of the rickshaw. The accused slapped the complainant while he was sitting in the rickshaw and took the rickshaw to Rahul theater The policeman who was sitting on the other side asked the complainant to settle the matter.- The accused told the complainant to take the rickshaw to his house and demanded Rs. 300/ -. The rickshaw was then taken to the house of the complainant and there the accused went into his house and returned with the wife of his brother. The said lady then arranged for Rs. 300/- and paid the same to the complainant. The accused then took the complainant to dapodi square and on the way, the complainant paid rs. 300/ to the accused. The complainant was then allowed to go after a warning that if he disclosed the incident to anybody, his legs and hands would be cut off. This entire incident is said to have taken place on 15-2-1986.

(3.) BY a letter dated 17-2-1986 the complainant lodged his complaint. The investigation was commenced. On 14-3 1986, an identification parade was held by the police in which the complainant PW-1 Vinayak Jadhav and the rickshaw driver (PW-14) Sampat Kashinath Amdre are said to have identified the accused person. At the trial, the prosecution examined 18 witnesses to prove their case. The defense of the accused was of total denial.