STATE OF MAHARASHTRA Vs. MOTI PARAG PAWAR

JUDGEMENT

(1.) State hereby takes exception to judgment and order dtd. 8/9/2011 passed by learned Ad-hoc District Judge-1 and Additional Sessions Judge, Jalgaon, in Special Case No.2 of 2010, thereby acquitting respondent from charges under Ss. 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.

(2.) In short, prosecution was launched against present respondent, who allegedly while working in the capacity of Police Naik demanded bribe of Rs.400.00 per month to avoid action for carrying excess passengers and to save the permit. On receipt of complaint from PW1 Nasirkhan, ACB authorities planned trap, executed the same and chargesheeted present respondent for trial before Special Court vide Special Case No.2 of 2010. On appreciation of oral and documentary evidence, learned trial judge acquitted the accused vide above judgment, which is now subject matter of instant appeal.

(3.) Learned APP would point out that admittedly accused as was Police Naik, he was a public servant. He pointed out that, complainant owned a Maruti Van, which he used for plying passengers. That, some times complainant himself drove the vehicle or some times he engaged driver. That, on 29/6/2009, while the vehicle being driven by his driver, accused demanded Rs.400.00 as hafta, and this was duly reported to complainant. He pointed out that, as complainant was not willing to pay bribe, he lodged report exh.12 with ACB authorities.