STATE OF MAHARASHTRA Vs. SHIVAJI KHASHABA KAMBLE

JUDGEMENT

(1.) This appeal, preferred by the appellant-State of Maharashtra is directed against the Judgment and Order dated 18th March, 2002, passed by the learned Special Judge, Greater Mumbai, in Special Case No.6 of 1990, acquitting the respondent-accused of the offences punishable under Section 161 of the Indian Penal Code and under Section 5(2) r/w Section 5(1)(d) of the Prevention of Corruption Act, 1947.

(2.) A few facts, as are necessary, to decide the appeal are as under:-

(3.) The respondent-accused pleaded not guilty and claimed to be tried. The prosecution in support of its case examined 9 witnesses, PW1-Hemant Bhikhubhai Dalal (Complainant); PW2-Asudomal Namomal Bajaj, panch to the pre-trap and post-trap pancha-nama; PW3-Mrs.Nisha Ramesh Choubal, Sanctioning Authority; PW4-Hukumsingh Chandrasingh Verma, Building Contractor, where PW1-Hemant was doing electrical work ; PW5-Shripad Vishnu Tamse, Superintendent Engineer (Electrical) at Bombay Circle; PW6-Nandkumar Vishnu Damle, Assistant Engineer (BSES); PW7-Kamlakar Ganesh Kulkarni, Senior Clerk of Electrical Department, BSES; PW8-Deodatta Markand Bhoir, Cashier at the office of Electrical Inspector, Santacruz and PW9-P.I., Ghanshyam Ganpat Apraj (Investigating Officer). The defence of the respondent-accused was that the said amount was thrust into his hands while he was writing with his right hand. According to the respondent-accused, there is complete variance in the allegations made by the complainant with regard to the demand and acceptance with the actual transcript produced, inasmuch as, the transcript does not show any demand or acceptance as alleged. It was contended that the said transcript was not placed before the sanctioning authority, which shows that money was neither demanded nor accepted by the respondent-accused, thus making the sanctioning order vulnerable to challenge. After considering the evidence and documents on record, the learned Judge was pleased to acquit the respondent-accused of all the offences with which he was charged.