STATE OF MAHARASHTRA Vs. KASHINATH SHRIDHAR WANI

JUDGEMENT

(1.) Challenge in this appeal is to judgment of acquittal rendered by learned Special Judge, Ahmednagar, in Special Case No.7 of 1991 whereby the respondent came to be acquitted for offence punishable under section 7, 13(l)(d) read with section 13(2) of the Prevention of Corruption Act, 1988.

(2.) The respondent was attached to Railway Police Station, Kopargaon, as an Assistant Police Sub Inspector. Complainant Sk. Rashid used to reside opposite to Railway Station premises at Kopargaon alongwith his brother. At the material time, complainant Sk. Rashid (PW 1) was working as Pointsman attached to Establishment of Railway Station, Yeola. The distance between Yeola and Kopargaon is approximately 19/20 kms. He used to commute from Kopargaon to attend his work at Yeola Railway Station during the duty hours. His younger brother Sk. Sahid (PW 2) was a temporary waterman attached to Kopargaon Railway Station. His brother had some quarrel with one Devidas Janrao and Arun Janrao, who are brothers inter se. and run railway canteen at Kopargaon. The incident of quarrel between them occurred on 1 lth June, 1991 on account of money due from him for the purchases made by him from the canteen. There was exchange of abuses between them. The elder brother of the said canteen proprietors is member of Railway Protection Force. In the evening, said two (2) brothers i.e. Devidas and Arun, their elder brother and some railway police were seen coming towards house of Sk. Sahid (PW 2). He suspected that they were likely to create some trouble for him. He clandestinely left the house from backdoor and went to Manmad. He resided there for about 5/6 days without giving intimation to his elder brother or any member of the family.

(3.) The prosecution case, in brief, is that on 15th June, 1991, the respondent went to Manmad in the morning. He met Sk. Sahid (PW 2) and assured him that he need not be scared. The respondent asked him to accompany him to Kopargaon. Both of them came to Kopargaon Railway Station. The respondent then called Arun Janrao. The respondent intervened and settled the dispute. Thereafter, Arun Janrao left the place. The respondent then demanded Rs.300/ to Rs.400/ for closure of the criminal case. Thereupon, Sk. Sahid expressed inability on the ground that he had not attended the duty for 5/6 days.