STATE OF MAHARASHTRA Vs. RANGNATH SANDU JADHAV

JUDGEMENT

(1.) This Appeal, filed at the instance of State, challenges judgment and order dtd. 16/10/2012 passed by learned Ad-hoc Additional Sessions Judge, in Special Case No. 03/2011 acquitting present Respondent from charge under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act.

(2.) In short, prosecution was launched against present Respondent alleging that, for preventing to take action against juvenile of complainant on accusations of rape, there was demand of Rs.10,000.00 by accused, who was working as API at Bhadgaon Police Station. On receipt of complaint to the above extent, ACB authorities planned and laid trap on engaging shadow panch. After execution of the trap, accused was apprehended. Complaint was filed by the investigating officer and it was also duly investigated. Before charge-sheeting accused, necessary sanction order was obtained and Respondent accused was made to face trial, during which, there is appreciation of oral and documentary evidence and vide above judgment dtd. 16/10/2012, learned Trial Judge acquitted the accused. Hence, instant Appeal by state.

(3.) Learned APP briefed this Court about the above story of prosecution and would submit that, admittedly, accused being police officer was a public servant. That, while working as API at Bhadgaon Police Station, to refrain from taking action against son of complainant against whom there was report of commission of rape and for reducing the offence to Sec. 354 of Indian Penal Code, there was demand of Rs.15,000.00. That, at initial stage, upfront payment was made to the tune of Rs.10,000.00.