STATE OF MAHARASHTRA Vs. ANANT GURUNATH JOTRAO

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the Special Judge, Thane, in Special Case No.9 of 1985. By the said judgment and order dated 23 7 1990, the Special Judge was pleased to acquit the accused of the offences punishable under section 161 of the Indian Penal Code and of the offences punishable under section 5 (2) read with section 5 (1) (d) of the Prevention of Corruption Act, 1948.

(2.) THE brief facts of the prosecution case are that the complainant Yeshwant Gosavi was a tenant of one Khandu Koli , owner of a residential chawl . There were in all 9 tenants in the said building. The complainant Yeshwant Gosavi was leader of the tenants who were residing on the ground floor. The prosecution case is that the complainant used to collect electric charges from the tenants and used to make payment of electric bills. The tenants received one bill upto the period ending June, 1984, which was in the sum of Rs.1768.25. The tenants claimed that the said bill was excessive and accordingly, an application was made to the Assistant Engineer to look into the matter regarding excessive bill which was charged to the tenants. The last date for making payment of the bill was 16 8 1984 and since the tenants did not make payment of the bill before due date, the electric supply was temporarily suspended by the Maharashtra State Electricity Board. Thereafter on 31 11 1984 the tenants made payment of the said bill. However, another bill was received in the sum of Rs.350/ which was on account of interest for delayed payment of the bill.

(3.) THE learned A.P.P. appearing on behalf of the State has taken me through the judgment and order of the trial Court as also the evidence which is brought on record by the prosecution.