STATE OF MAHARASHTRA Vs. PRASHANT

JUDGEMENT

(1.) State hereby takes exception to the judgment and order of acquittal dtd. 12/9/2005 passed in Special Case No. 7 of 2002 by which present respondents came to be acquitted from charge under Sec. 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, ' PC Act ') and under Sec. 12 of PC Act respectively.

(2.) Sum and substance of the prosecution story in trial court is that, wife of complainant PW1 was running a flour mill. During visit of personnel of M.S.E.B. i.e. Linemen on 17/10/2001, it was noticed by them that, flour mill was being run by committing theft of electricity. Consequently, they disconnected supply. To restore the same, it is the case of prosecution that, accused no.1 Prashant Ramkrishna Yenge demanded bribe for reconnection. Said demand was conveyed through lineman Mundhe. PW1, as was not willing to pay illegal gratification, approached ACB authorities and lodged report, on the strength of which PW4 ACP Shepal noted the complaint. Thereafter, he summoned panchas, explained the procedure of trap, conducted pre-trap verification, gave necessary instructions, gave demonstration of application of anthracene powder to the currency which were to be paid on demand. PW1 complainant and PW2 pancha were made to visit accused and were instructed to handover tainted currency on demand.

(3.) On 24/10/2002 PW1 and PW2 approached office of M.S.E.B. Accused no.1 raised demand and directed PW1 to hand over bribe amount to accused no.2, who accepted it on behalf of accused no.1. Necessary signal was relayed and raiding party apprehended accused. After lodging report and completing investigation, both accused were tried before Special Judge vide Special Case No. 7 of 2002.