LAWS(BOM)-2017-5-161

STATE OF MAHARASHTRA Vs. VINAYAK MAHADEORAO DHURAT

Decided On May 11, 2017
STATE OF MAHARASHTRA Appellant
V/S
Vinayak Mahadeorao Dhurat Respondents

JUDGEMENT

(1.) By way of present appeal, appellant/State takes an exception to the judgment and order passed by the learned Special Judge, Chandrapur in Special Case No.8 of 1993, thereby acquitting the respondent/accused of the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) It is the case of prosecution that in the year 1993 respondent/accused was working as Assistant District Inspector of Land Records, Chandrapur, The first informant Deepak Tapase who had purchased house by registered sale-deed wanted to record the house property in his name. As such, he had made an application to District Inspector of Land Record, Chandrapur for the said purpose. It is further case of prosecution that for the said purpose accused had demanded an amount of Rs.300/- on 7th January, 1993. It is further case of prosecution that again on 1st February, 1993 the demand was repeated. It is prosecution case that as complainant was not willing to pay bribe, he filed complaint to the office of Anti Corruption Bureau. Accordingly, a trap was conducted by the raiding party in which accused was caught raid handed accepting an amount of Rs.300/-. After completion of investigation, a chargesheet came to be filed against the accused.

(3.) The charge was framed and readover to the accused, to which he pleaded not guilty and claimed to be tried. The defence of the accused was that the said work was not with him but work was with one Bhimrao Gaikwad, Surveyor, and he had nothing to do with that matter.