STATE OF MAHARASHTRA Vs. BHIMRAO BHAURAO HALNOR

JUDGEMENT

(1.) In this appeal, State is assailing judgment and order dtd. 29/10/2005 passed by the learned Special Judge, Osmanabad, thereby acquitting respondent from charges under Ss. 7, 13(1) (d) read with 13(2) of the Prevention of Corruption Act.

(2.) In nutshell, case of prosecution in trial Court is that, complainant Mohan Namdeo Humbe had a cattle shed near his residential house. In the night of 11/1/2000, the cattle shed along with live stock, grains and agricultural implements got gutted in the fire and he suffered loss to the tune of Rs.30,000.00 to Rs.35,000.00. On 14/2/2000, he applied for compensation and approached accused, who was working as Awal Karkun in Tahsil Office. It is prosecution case, that, for doing the work of complainant, accused demanded Rs.2,000.00 as bribe. On receipt of report to that extent, Anti Corruption Bureau (ACB) authorities, Osmanabad planned and arranged trap. PW2 Complainant and PW3 shadow pancha were given necessary instructions. PW2 Complainant was asked to hand over tainted currency on demand and PW3 shadow pancha was asked to accompany complainant and remain watchful of the events of demand and acceptance. On 28/4/2000, raiding party, PW2 complainant, PW3 shadow pancha proceeded to the office of accused. Accused asked complainant to accompany him to a hotel for tea and raised demand and asked complainant to keep the bribe amount in the handkerchief and he kept it in his pocket. Complainant relayed signal, followed by raid and apprehension of accused. After investigation, accused were chargesheeted and tried, which resulted into acquittal. Consequently, State has challenged judgment and order of acquittal passed by the learned Special Court.

(3.) Learned APP on behalf of State apprised this Court about foundational facts and seeks to challenge the impugned judgment primarily on the ground that demand is proved, acceptance is also proved as currency was found in the possession of accused. There is no denial or challenge to such extent. Traces of anthracene powder were detected establishing acceptance. According to him, thus, the essential ingredients for attracting the charges were available.