STATE OF MAHARASHTRA Vs. RAHUL UTTAMRAO SALVE

JUDGEMENT

(1.) Present appeal is an offshoot of judgment and order dtd. 20/12/2013 passed by learned Special Judge, Ahmednagar in Special Case (ACB) No. 06 of 2009, acquitting present respondent from offence punishable under Sec. 7, 13(1)(d) read with sec. 13(2) of the Prevention of Corruption Act.

(2.) In brief, prosecution was launched against present respondent, on the premises that, for not arresting complainant for being involved in a road traffic accident, present respondent, original accused, demanded bribe of Rs.10,000.00 in two installments. Complainant being not interested in paying bribe, approached ACB and lodged complaint Exh.25, which was made the basis of taking further steps of planning and executing trap by engaging panch. After apprehension of accused, he was arrested and finally on completion of investigation, he was duly charge sheeted and tried by Special Case (ACB) No. 06 of 2009. At trial, prosecution adduced evidence of four witnesses and sought reliance on the documentary evidence.

(3.) Heard. According to learned APP, prosecution had made out a full-proof case of conviction on the basis of testimony of complainant, to whom there was demand of bribe by threatening to implicate him. On receipt of report to that extent, he submitted that, investigating machinery arranged panch i.e. PW3, who was an independent witness. He pointed out that, pre-trap panchanama was drawn. That, both, PW2 complainant and PW3 shadow panch are consistent about both, demand as well as acceptance. That, their evidence has remained unshaken, but still the same has not been correctly appreciated, and according to him, there is erroneously conclusion of acquittal has been drawn.