STATE OF MAHARASHTRA Vs. SHIVAJI

JUDGEMENT

(1.) This Appeal takes exception to judgment and order of acquittal dtd. 23/3/2015 passed by learned Additional Sessions Judge, Latur in Special (ACB) Case No. 05/2007 thereby acquitting the Respondent original accused from charges under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act.

(2.) In short, prosecution was launched against Respondent that, when complainant approached him for carrying out mutation entry and 8-A form on account of demise of his father, after which some partition had taken place between his father and his uncle and for effecting necessary mutation entries when accused a Talathi was approached, he allegedly demanded bribe of Rs.300.00. On receipt of complaint to that extent, ACB authorities planned and executed trap and after investigation, charge-sheeted accused and tried for above offences vide above special case. On appreciation of oral and documentary evidence, learned Special Judge was pleased to acquit the accused. Precisely, getting aggrieved by the above judgment and order of acquittal, State has come up in his Appeal.

(3.) Learned APP would point out that, complainant approached accused on 27/6/2006 with an application for effecting mutation entry and taking corresponding entries in 8A form, there was initial demand of Rs.1,500.00 and on negotiations, amount was brought down to Rs.600.00, out of which Rs.300.00 were already paid but before paying remaining bribe, complainant approached ACB authorities and lodged complaint, which was duly noted.