STATE OF MAHARASHTRA Vs. RAJENDRA BHANUDAS PATIL

JUDGEMENT

(1.) State is hereby questioning the acquittal awarded by learned trial Judge to present respondent by its judgment and order dtd. 20/12/2004 in Special Case ( A.C.) No. 1 of 2000.

(2.) Present respondent was made to face trial on the premise that he, being a Police Head Constable, demanded bribe of Rs.700.00 for returning keys of the four wheeler vehicle owned by complainant and for not taking action for plying excess passengers and violating traffic rules. Complainant PW2 Ankush was not willing to meet the illegal demand and therefore, he lodged report with ACB office on 28/10/1999. ACB authorities accordingly planned and arranged trap, Panchas were called, complainant and Panchas were explained procedure of trap. Complainant and shadow pancha approached accused. Accused demanded bribe amount and kept in his rexine cover affixed to the two wheeler. He was apprehended by raiding party, who was waiting in lay. Accused was arrested and after investigation, accused was chargesheeted for commission of offence under Ss. 7, 12, 13(1)(d) read with sec. 13(2) of the Prevention of Corruption Act.

(3.) After appreciating oral and documentary evidence and on hearing both sides, learned trial Judge reached to a finding that prosecution failed to establish the charges and acquitted the accused by its judgment and order dtd. 20/12/2004 resulting into present appeal by State.