STATE OF MAHARASHTRA Vs. SHAKTI MOHAMMAD TAHER SHAIKH

JUDGEMENT

(1.) Appellant - State challenges the judgment and order dtd. 31/12/2014 passed by learned Additional Sessions Judge and Special Judge, Jalgaon in Special (ACB) Case No. 3 of 2013 acquitting accused from charges under Sec. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act.

(2.) In short, prosecution was launched by Anti Corruption Bureau against present respondent, a Junior Engineer in Town Planning Department, Municipal Corporation, Jalgaon, alleging that, for according permission for layout of three plots belonging to complainant, there was demand of bribe of Rs.40,000.00 per plot. Therefore, on 23/7/2012 he approached Anti Corruption Bureau and lodged complaint at Exh.10, which was made basis for investigation and charge-sheeted accused. Upon trial, impugned order of acquittal came to be passed. Hence, instant appeal.

(3.) Learned APP would point out that, for according permission for the layout of plots of complainant, accused had demanded total amount of Rs.1,20,000.00 for three plots. As complainant was not willing, he approached Anti Corruption Bureau and lodged complaint (Exh.10). After which, it is pointed out that, Investigating Officer summoned panchas, undertook the exercise of demand verification by recording conversation between complainant and accused in presence of pancha, its panchanama being drawn, and thereafter, only on getting satisfied, main trap was planned and executed successfully. Complainant has deposed about accused raising demand at the initial stage as well as subsequently when the accused on his own accord visited hospital of complainant. That, there were demands not once, but several times. Complainant deposed to that extent in his evidence at Exh.9 and cross to the above extent has remained almost intact.