STATE OF MAHARASHTRA Vs. BHAGWAT MARUTI KALE

JUDGEMENT

(1.) This is a State Appeal wherein the judgment and order dtd. 29/1/2005 passed by the learned Special Judge, Osmanabad in Special Case (A.C.) No. 16 of 2001 is assailed on account of acquittal of present respondent from offence under Ss. 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 [for short, "PC Act"].

(2.) PW1 complainant was working as a Junior Professor. His father was a anemic and had taken treatment in two hospitals, for which expenses were incurred. For reimbursement of the same, complainant had submitted bills, however, present respondent who was concerned clerk of relevant Sec. , raised some technical objections on the point of submission of documents and even asked the complainant to bring Rs.1,000.00 as illegal gratification. Report of this was lodged by the complainant, as a result of which, ACB authorities planned and executed trap and apprehended the accused. After he was chargesheeted, he was made to face trial before learned Special Court, Osmanabad vide above Special Case during which, prosecution based its case on the evidence of in all five witnesses.

(3.) Defence case set up was of false implication. After recording statement under Sec. 313 of Cr.P.C., case was tried and on appreciation of the evidence, learned trial Judge reached to a finding that prosecution has miserably failed to bring home the charges and that, there was no satisfactory evidence to prove the charges, and ultimately extended benefit of doubt and accused came to be acquitted. Hence, the appeal.