STATE OF MAHARASHTRA Vs. PRATAPSING BABUSING RAJPUT

JUDGEMENT

(1.) State questions the acquittal of present respondent from charges under Ss. 7, 13(1)(a) to (c), 13(1)(d) and 13(2) of the Prevention of Corruption Act vide judgment and order dtd. 28/7/2008 passed by Special Judge, Jalgaon in Special Case No. 3 of 2007.

(2.) In brief, PW1 complainant approached Talathi office for issuance of 7/12 extract showing no encumbrance over the property. It is prosecution's case that, for said work Talathi initially demanded Rs.500.00 and subsequently brought down the figure to Rs.400.00. Complainant, as was not willing to pay bribe, approached ACB office and lodged complaint Exhibit 13, which was made basis of investigation. Independent panchas were arranged and PW5 Investigating Officer planned and executed trap on 26/8/2015 which turned out to be successful and accused was apprehended with tainted currency, which he accepted form PW1 complainant after putting up demand, and accused was duly chargesheeted and tried.

(3.) Prosecution adduced evidence of in all five witnesses and relied on documentary evidence. After appreciating the substantive evidence of witnesses and taking into account the written statement of defence, vide above judgment, learned trial court reached to a finding that prosecution failed to prove demand of bribe or its acceptance beyond reasonable doubt and holding defence version to be probable, finally acquitted the accused. Hence instant appeal.