THE STATE OF MAHARASHTRA Vs. VINOD NARAYAN SALUNKHE

JUDGEMENT

(1.) This Appeal is preferred by State of Maharashtra against Judgment passed by the learned Metropolitan Magistrate, 15th Court, Mazgaon, Mumbai in Criminal Case No. 226/P/2001 on 26th Sept. 2003, whereby Respondent came to be acquitted for the offences punishable under Sec. 170 r/w Sec. 420 of the Indian Penal Code.

(2.) Facts of the case of prosecution in brief can be stated as under:

(3.) In order to prove the case levelled against Respondent prosecution examined in all four witnesses and commenced evidence by examining PW No.1 Laxman Punjaji Gorey, the Investigating Officer, PW No.2 Shri Ashfaq Wali Mohammed Chifa, Complainant, PW No.3, Shri Mohammed Nisar Isaq Khan and concluded the evidence by examining PW No.4 Naziruddin Abdul Rehman Khan, who has carried further investigation. Accused did not examine any witness in support of his defence. It is the specific case of accused that he came to be falsely implicated by the investigating officer since at that time Respondent who admittedly was in police service was under suspension and was facing departmental enquiry.