STATE OF MAHARASHTRA Vs. ARUN VISHVANATH WANKHEDE

JUDGEMENT

(1.) State is hereby assailing the judgment and order dtd. 20/11/2008 passed in Special Case No. 14 of 2007 by learned Special Judge/Ad-hoc District Judge-1 and Additional Sessions Judge, Jalgaon, thereby acquitting present respondent from charge under Ss. 7, 13(1)(d) r/w 13 (2) of the Prevention of Corruption Act, 1988 (PC Act).

(2.) Anti Corruption Bureau (ACB) authorities chargesheeted respondent-accused on the premise that he demanded bribe of Rs.2,000.00 from complainant for settling insurance claim on account of theft of motorcycle owned by complainant. On receipt of report, ACB authorities planned trap by engaging pancha and executed the same. Accused was apprehended after the final trap and on completion of investigation, he was chargesheeted and tried and ultimately acquitted. Hence the Appeal.

(3.) Learned APP would point out that, there was demand of Rs.2,000.00 by way of illegal gratification. On receipt of complaint to that extent, ACB authorities had planned trap by engaging pancha and both, complainant and pancha, were given necessary instructions which they duly followed. That, tainted currency was in possession of complainant and he was instructed to pay bribe on demand. In presence of shadow pancha, there was demand as well as acceptance and as such, it is his submission that, essential ingredients for attracting the charges were very much available.