STATE OF MAHARASHTRA Vs. ASHOK HARIBHAU ABNAVE

JUDGEMENT

(1.) State hereby assails the judgment and order dtd. 30/7/2011 passed by learned Additional Sessions Judge, Ahmednagar in Special Case No.03 of 2007 acquitting the accused from charge under Sec. 7, 13(1)(d) read with Sec. 13(2) of Prevention of Corruption Act, 1988.

(2.) Prosecution was launched against present respondent on the premise that, for avoiding arrest of the complainant, on account of receipt of complaint against him, accused allegedly demanded Rs.10,000.00 and on negotiations, it brought down to Rs.5,000.00. Rs.2,000.00 were paid in advance and before meeting the demand of Rs.3,000.00, PW1 complainant lodged complaint with ACB authorities (Exh.22), which was made the basis for further investigation and filing charge sheet. Prosecution adduced evidence of in all four witnesses. The oral account of these witnesses, cross faced by them and the documentary evidence was scrutinized by the learned Sessions Judge, who conducted the trial and finally acquitted the accused holding that prosecution failed to prove the case. Hence, the instant appeal.

(3.) Learned APP pointed out that, prosecution had established the essentials for attracting demand as well as acceptance. He pointed out that, testimony of complainant has remained intact. That, there were anthracene traces to hands as well as handkerchief of the accused suggesting acceptance of bribe amount. According to him, merely because shadow panch at one point of time did not support prosecution, entire story of prosecution is disbelieved. He further pointed out that, so much part of the testimony of shadow panch, which was intact and supported prosecution story, ought to have been relied by prosecution, but it failed to do so.