THE STATE OF MAHARASHTRA Vs. MOHAN MADHUSUDAN DASKHEDKAR
LAWS(BOM)-2017-5-27
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on May 09,2017

THE STATE OF MAHARASHTRA Appellant
VERSUS
Mohan Madhusudan Daskhedkar Respondents

JUDGEMENT

S.S.SHINDE, J. - (1.) Heard.
(2.) This Appeal is directed against the judgment and order dated 27th February, 2004, passed by the Special Judge, Jalna in Special Case PCA No. 11 of 2001, thereby acquitting Respondent - Mohan Madhusudan Daskhedkar, from the offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.
(3.) Brief facts leading to filing of the present Appeal, as per the prosecution case, are as under:- The complainant Pandit Madhavrao Kapale (PW2) lodged the complaint in the office of Anti Corruption Bureau, Jalna on 19th July, 2001, alleging demand of illegal gratification on the part of the accused for measurement of land and preparation of report of measurement in favour of the complainant. It is the case of the prosecution that, 2 acres 10 gunthas land from Gat No.108 of village Gosavi Pangri owned by Tanabai Nagorao Kapale was entered in the name of Chandrabhan Nama Sawant of the same village. The son of the complainant submitted the application in the office of the Deputy Director of Land Records, Office at Aurangabad. One Dhondiba Ratan Raimule informed the complainant on 18th July, 2001 that, the file has been referred to Taluka Inspector of Land Records, Mantha. The complainant and Raimule had visited the office of the Respondent on 18th July, 2001 at Mantha and met respondent. They made enquiry with the accused in connection with pending file of measurement of land. The accused told that, land has been measured and the report has to be submitted to the office of Deputy Director of Land Record at Aurangabad. The accused told that, the complainant should pay Rs.2500/- to the accused so as to give the favourable report. After discussion, the accused assured to do work after receiving an amount of Rs.1000/-. The complainant paid Rs.500/- as part of bribe amount and it was agreed that, the remaining amount of Rs.500/- will be paid within short period to the accused i.e. respondent. The accused gave assurance to the complainant that, the work would be done after paying remaining amount of Rs.500/-. The complainant assured the accused that, balance amount of Rs.500/- would be paid on Friday. The accused asked the complainant to pay remaining amount at his office. It is the case of the prosecution that, the complainant did not want to pay the bribe amount, he approached to the office of Anti Corruption Bureau at Jalna. After filing such complaint, as usual procedure was followed and preparations were made to lay the trap. All the panch witnesses and also the complainant were properly briefed and the entire exercise towards prepreparation of trap was done. Accordingly, on 20th July, 2001, the complainant, two panchas and raiding party members have started from Jalna to Mantha at 9.45 a.m. and reached at Mantha at 11 a.m. Thereafter, the complainant met the accused, the accused demanded Rs.500/- and the said amount was given by the complainant to the accused. The accused counted currency notes, and put the said notes in the pocket of jacket wore by him. The complainant gave signal to the raiding party members, and the raiding party members arrived at the spot and caught hold the hands of the accused. Thereafter necessary formalities were completed. According to the prosecution case, the amount and also pocket of jacket of the accused was examined under ultra violet lamp and said examination revealed bluish shade on the currency notes and also the pocket of jacket. Thereafter, the said amount was kept and sealed in the pocket and the necessary panchanama was drawn to that effect. Thereafter, the investigation proceeded, the charge-sheet was filed and after fullfledged trial, the Special Court acquitted the Respondent-accused. Hence this Appeal. ;


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