THE STATE OF MAHARASHTRA Vs. NARAYAN NIMBAJI WAKCHAURE

JUDGEMENT

(1.) The State has filed the present appeal challenging judgment and order passed by the learned Special Judge, Sangamner, in Special Case No. 2/2000 delivered on 14.6.2013. In the aforesaid Special case, the respondent herein was prosecuted for the offences punishable under Sections 409 and 420 of Indian Penal Code and under Section 13(1)(c) of the Prevention of Corruption Act, 1988. The learned Special Judge has acquitted the respondent accused from all the offences charged against him. The acquittal so recorded is challenged in the present appeal.

(2.) Prosecution case in brief:

(3.) Shri S.G. Karlekar, learned A.P.P., submitted that though the prosecution has adduced cogent and sufficient evidence, proving the culpability of the accused in commission of the offences charged against him, the improper appreciation of the said evidence by the learned Special Court has resulted in acquittal of the respondent accused. Learned A.P.P. further submitted that the prosecution has sufficiently proved that the respondent accused was the custodian of the Cash Book, Bill Book and the Token Register. He further argued that the prosecution has also proved that the respondent accused prepared the Bogus Bills and encashed the amounts of the said bills without taking entries of the said bills in the concerned registers and thus, misappropriated the said amount. Learned A.P.P. further submitted that the finding recorded by the learned Special Court on the point of sanction is also erroneous and deserves to be set aside. Learned A.P.P. took us through the evidence of the prosecution witnesses and prayed for allowing the appeal thereby holding the respondent accused guilty for the offences alleged against him and to adequately punish him.