STATE OF MAHARASHTRA Vs. RAMLAL SHRIRAM GAJBHIYE

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order dated 4.10.2001 passed by the learned Special Judge, Buldhana in Special (Anti-Corruption) Case No.6/1995 thereby acquitting the accused of the offences punishable under Sections 7 and 13 (1)(d) read with 13 (2) of the Prevention of Corruption Act, 1988.

(2.) Prosecution case, in brief, is as under :

(3.) Trial court framed charge against accused and he pleaded not guilty to the offences. His defence was of total denial and false implication. He raised specific defence that complainant is resident of village Asola (Bk). His parents reside in the said village. So, complainant was interested in getting his transfer near Primary Health Centre, Deulgaon Mahi or Antri Khedekar. He requested the accused to use his good offices and get him transferred near his village. On the day of incident also, complainant asked the accused to see that he is transferred near his village and put an application in his pocket. Accused pleaded innocence regarding notes and denied that he ever demanded money towards illegal gratification, as alleged by the complainant.