STATE OF MAHARASHTRA Vs. DATTARAYA SHANKRA DIWAKAR

JUDGEMENT

(1.) The applicant-State of Maharashtra has filed this application for leave to file appeal against the judgment and order dated 27th April, 2007 passed by ,the learned Special Judge, Malegaon in Special Case No.1 of 2004. By the said judgment and order, the learned Special Judge acquitted the respondents-orig. accused Nos. 1 & 2 of the offences punishable under Sections 7, 12, 13(l)(d) r/w 13(2) of the Prevention of Corruption Act, 1988.

(2.) Heard the learned APP for the Applicant-State and the learned counsel for the respondents. Perused the judgment and order of the learned special Judge as well as the evidence which has been produced by the learned APP.

(3.) The prosecution case is that on 17.7.2003 the complainant and his cousin had purchased 30 litres diesel and they were bringing the said diesel on their motorcycle. When they reached near Chondhi Phatha, one police jeep came there and stopped their motorcycle. The police made enquiries as to from where they purchased the diesel and asked them to show the receipt. The complainant could not produce the receipt. Hence the police removed the drum of diesel and kept it in the police van and they took the complainant and his cousin to the police chowky. It is the case of the complainant that at that time respondent No.l demanded Rs.10,000 for not prosecuting the complainant and his cousin for bringing the diesel illegally. The amount was thereafter reduced to Rs.5,000. Thereafter the complaint was made by the complainant -Vilas to A.C.B. Trap was arranged. Pursuant to the said trap they went to the police station. There they met respondent No.2 at the police station gate. The complainant asked accused No.2 to make a phone call to accused No.l and call him to the police station. Accordingly, accused No.2 made telephone call to accused No. 1 on his mobile and asked the accused No.l to come to police station. Thereafter accused No. 1 arrived and the money was handed over to accused No.2 on the directions of accused No.l.