STATE OF MAHARASHTRA Vs. CHANGDEO MAHADEO TAMBDE

JUDGEMENT

(1.) This leave to file appeal is at the instance of State on account of judgment and order of acquittal passed by learned Additional Sessions Judge, Beed in Special ACB Case (ACB) No.6 of 2016.

(2.) Learned APP pointed out that, prosecution was launched against present respondents, who are Police Inspector, Police Head Constable and a private person respectively for demanding illegal gratification to the complainant for desisting to take action against father of complainant. She pointed out that, initially demand was of Rs.50,000.00, but after negotiations, amount was brought down to Rs.10,000.00.

(3.) She further pointed out that, trap was planned and executed by ACB authorities and in support of its case, prosecution has examined as many as six witnesses, which according to her, have corroborated and lend support to each other on material counts. She pointed out that, initially demand verification was got done by recording conversation of complainant and accused in a voice recorder. That, in the conversation, there was demand and therefore, main trap was planned and executed successfully. That, accused no.2 had directed complainant to pay amount to accused no.3, who had accepted amount on the behalf of both the accused i.e. accused nos.1 and 2. Thus, according to her, there is acceptance.