STATE OF MAHARASHTRA, THROUGH Vs. ANANT PITAMBAR CHOUDHARI

JUDGEMENT

(1.) The State is in appeal being aggrieved by the judgment and order dated 14-8-2013 in Special A.C.B. Case 2/2009 passed by learned Special Judge, Buldhana, by and under which the respondents (hereinafter referred to as the "accused") are acquitted of offences punishable under Sections 7 , 12 , 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "Act").

(2.) Heard Shri P.S. Tembhare, learned Additional Public Prosecutor for the appellant and Shri R.P. Joshi, learned Advocate for respondent 1.

(3.) The case of the prosecution, as is unfolded during the trial, is thus : Complainant Baban Bhimrao Chavan, an auto-rickshaw driver by occupation, is a resident of Bhalgaon, Tahsil - Chikhali, District- Buldhana. The complainant, his parents and brother Prakash faced prosecution under Section 498-A of the Indian Penal Code initiated on the complaint of the wife of the complainant. The complainant and his parents were arrested and released on bail. Prakash, a student of engineering, applied for anticipatory bail. The date of hearing was 15-1-2008. Accused 1 Anant Choudhary was investigating the crime. The say of accused 1 was called in the anticipatory bail proceedings. Accused 1 met complainant Baban on 14-1-2008 and offered to submit a favourable say in order to ensure that Prakash is granted anticipatory bail and assured that he will further not institute proceedings under Section 107 of the Criminal Procedure Code against Prakash. In consideration, accused 1 demanded Rs.2,000/-, the complainant expressed inability to pay the said amount, negotiations ensued and the bribe amount was scaled down to Rs.1,000/-. The complainant Baban who was not willing to pay the bribe amount, approached the office of the Anti Corruption Bureau (ACB) on 15-1-2008 and lodged complaint Exhibit 20. The investigating officer Suresh Ingle summoned panch witnesses, the standard protocol was explained to the panch witnesses and the complainant, usual demonstrations were given and on 17-1-2008 the complainant Baban and the shadow panch went to the police station. Accused 1 was present at the police station alongwith accused 2, a practicing advocate. Accused 2 enquired with the complainant as to whether he had brought the money, the complainant answered in the affirmative. Accused 1 suggested to Baban to pay the amount, Baban was intending to pay the amount to accused 1, however, the amount was accepted by accused 2 who kept the same in his pocket and handed over different currency notes to accused 1. Accused 1 left the police station. The complainant gave the predetermined signal, the raiding squad rushed and apprehended accused 2. Investigations ensued, first information report Exhibit 69 was registered and both the accused were charge-sheeted.