THE STATE OF MAHARASHTRA Vs. BALWANTSINGH ROUTELA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 19th January 2009, passed by the learned Special Judge, (Under the Prevention of Corruption Act), Pune, in Special Case No. 1 of 2005, acquitting the respondent, who was the sole accused in the said case, of offences punishable under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (P.C. Act hereinafter). The State of Maharashtra, feeling aggrieved by the said order of acquittal, has approached this court by filing this appeal, praying that the same be set aside, and that, the respondent be dealt with in accordance with law.

(2.) I have heard Mr. Deepak Thakre, the learned APP for the State. I have heard Mr.A.S. Khandeparkar, the learned counsel for the respondent. With their assistance, I have gone through the relevant evidence adduced during the trial. I have carefully gone through the impugned judgment and order.

(3.) THE accused, at the material time, was working in Oriental Insurance Company ("Insurance Company" hereinafter) as Divisional Manager, in the Division Office at Pune. One Ajaypalsingh Harpalsingh Hunjan (PW1) (hereinafter referred to as 'the complainant'), at the material time, was in the business of transport. He was having 37 trucks, out of which, three were insured with the Insurance Company. In the year 2003, all the said three trucks had met with an accident on different dates and the complainant had submitted O.D. claims with the Insurance Company. That, on 26th March 2004, the complainant met the accused in the Division Officer of the Insurance Company and inquired about his claims. At that time, the accused demanded an amount of Rs.5,000/ - from the complainant for processing his claims. The accused bluntly stated to the complainant that unless the said amount was paid, his claims would not be processed. On 29th March 2004, the complainant again met the accused and requested him to accept a smaller amount, viz., an amount of Rs.3,000/ -, but the accused refused to accept the same, and insisted on the amount of Rs.5,000/ -. The accused also asked the complainant to come to Hotel Seven -Loves at about 9.30 p.m. with the said amount of Rs.5,000/ -, if he wanted to get his work done.