STATE OF MAHARASHTRA Vs. BALIRAM

JUDGEMENT

(1.) Being aggrieved and dissatisfied with judgment and order dtd. 29/11/2013 passed by learned Additional Sessions Judge, Gondia (learned Judge of the trial court) in Special Criminal Case No.1/2008 whereby the respondent (accused) is acquitted of offences under Ss. 7 and 13(1)(d) punishable under Sec. 13(2) of the Prevention of Corruption Act, 1988 (the said Act).

(2.) Brief facts of the prosecution case run as under:

(3.) The complainant had produced bribe amount Rs.3000.00. Demonstration as to phenolphthalein powder and sodium carbonate was shown. The said solution was applied on the tainted notes. The said notes were kept in shirt pocket of the complainant. The necessary instructions were given to the complainant as well as shadow pancha. The complainant was instructed to hand over the amount only on demand and pancha No.1 was asked to stay along with the complainant. Accordingly, the pre-trap panchanama was drawn. After the pre-trap panchanama, the complainant and pancha No.1 proceeded to the office of the accused at Arjuni-Morgaon. As the accused was not present in the office, they visited the house of the accused behind the office premises. After some time, the complainant gave a pre-decided signal. The raiding party members caught the accused. The complainant and shadow pancha confirmed regarding demand and acceptance of the bribe amount. The amount of bribe was recovered. After following due procedure, the accused was arrested. The officer of the bureau lodged report. On completion of investigation, after obtaining a sanction, chargesheet was filed against the accused.