STATE OF MAHARASHTRA Vs. SURESH GULABCHAND AGRAWAL

JUDGEMENT

(1.) This appeal is preferred by prosecution against judgment dated 30th of November, 2005 passed by Additional Sessions Judge (Special Judge), Amravati in Special (ACB) Case No. 11 of 1991, thereby acquitting respondent No. 1/ori.accused No. 1 of the offence punishable under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and respondent No. 2/org.accused No. 2 of the offence punishable under Section 12 of the Prevention of Corruption Act, 1988. Prosecution case can briefly be stated as follows:-

(2.) PW 8 Sudhir Ganpatrao Dabhade, Investigating Officer, on receiving report, arranged for two independent panchas from Irrigation Department. PW 2 Mukund Nagorao Wankhade was instructed to act as a First Panch and to remain with the complainant and to watch the transaction and conversation, whatsoever, may take place between the complainant and respondent No. 1. Demonstration of effect of phenolphthalein powder with sodium carbonate solution was given to the complainant and both the panchas and they were also given necessary instructions. Complainant was instructed to pay the bribe amount, only on demand and on acceptance of the same, to give signal by removing the scarf around his neck and to clean his face with it. Panchanama of these facts was drawn in the office of Anti Corruption Bureau vide Exh.47.

(3.) On the basis of report lodged by PW 8 Sudhir Ganpatrao Dabhade, Investigating Officer with Police Station Nandgaon Khandeshwar, offence is registered vide Crime No. 57 of 1989 against both the respondents and same was investigated. During the investigation, correspondence was made with PW 6 Ratnakant Baburao Naik and PW 7 Vasant Mahadeorao Pande, both Sanctioning Authorities, with reference to grant of sanction for prosecution of respondent Nos. 1 and 2, respectively. On receipt of sanction for prosecution and on completion of investigation, chargesheet came to be filed before the learned Special Court, Amravati.