LAWS(BOM)-2015-8-325

THE STATE OF MAHARASHTRA Vs. TUKARAM RAMCHANDRA KOLHE

Decided On August 12, 2015
THE STATE OF MAHARASHTRA Appellant
V/S
Tukaram Ramchandra Kolhe Respondents

JUDGEMENT

(1.) The respondent, who was, at the material time, working as a Sub-Engineer in Maharashtra State Electricity Board (hereinafter MSEB) was prosecuted on the allegation of having committed offences punishable under Sections 7 and 13(2) read with Section 13(1) of the Prevention of Corruption Act, 1988 (hereinafter P.C. Act). The Special Judge, Pune, after holding a trial, found him not guilty and acquitted him, by a judgment and order dated 13th October 1999. The State of Maharashtra is aggrieved by the said order of acquittal, and has, therefore, after obtaining leave of this court, filed the present appeal, challenging the same.

(2.) None appeared for the respondent, when the matter was listed on board for final hearing on 10th August 2015. In view of the absence of the counsel for the respondent, the matter was adjourned till today, but today also none appeared for the respondent. Under these circumstances, the appeal is being decided after hearing the learned APP and after examining the record of the case.

(3.) I have heard the learned APP for the State. With his assistance, I have gone through the evidence adduced during the trial. I have carefully gone through the evidence of the defacto complainant Madhukar Bhujabal (PW2) and the impugned judgment.