STATE OF MAHARASHTRA Vs. K.A. RAJ

JUDGEMENT

(1.) THIS appeal is preferred by the State against the judgment and order of acquittal dated 20.2.1984, passed by the learned Special Judge, Gr. Bombay, acquitting the Respondent/accused for the offence punishable u/s 161 I.P.C. and u/s. 5(2) of the Prevention of Corruption Act, 1947, in special Case No.48 of 1984.

(2.) THE prosecution case in brief is that, at the relevant time, the respondent-accused was discharging his duties as Sub-Inspector, R.P.F., Central Railway, Dadar. It reveals that on 6.7.77, he demanded a sum of Rs.500/- from Mr. Nandkumar Umakant Zure and his companions Mr. Jairam Tulsiram Jadhav and others for not demolishing their hutments which were alleged to have been unauthorisedly constructed on the railway land situated at Jadhav Wadi, Near Municipal Pumping, Dunkan Causeway Road, Sion, Bombay. It is the case of the prosecution that initially, the Respondent-accused demanded Rs.500/- from the complainant party but as they were so poor and were not able to give so much amount, the respondent-accused had agreed to accept Rs.200/- from the complainant.

(3.) HEARD Mr. Tulpule, P.P. for State and Mr. Gupte learned counsel for the Respondent.