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1. In this appeal, State is assailing judgment and order dated
29-10-2005 passed by the learned Special Judge, Osmanabad,
thereby acquitting respondent from charges under Sections 7, 13(1)
(d) read with 13(2) of the Prevention of Corruption Act.
FACTS OF THE CASE IN BRIEF
2. In nutshell, case of prosecution in trial Court is that,
complainant Mohan Namdeo Humbe had a cattle shed near his
{2} CRI APPEAL 121 OF 2006 – 1
residential house. In the night of 11-01-2000, the cattle shed along
with live stock, grains and agricultural implements got gutted in the
fire and he suffered loss to the tune of Rs.30,000/- to Rs.35,000/-.
On 14-02-2000, he applied for compensation and approached
accused, who was working as Awal Karkun in Tahsil Office. It is
prosecution case, that, for doing the work of complainant, accused
demanded Rs.2,000/- as bribe. On receipt of report to that extent,
Anti Corruption Bureau (ACB) authorities, Osmanabad planned and
arranged trap. PW2 Complainant and PW3 shadow pancha were
given necessary instructions. PW2 Complainant was asked to hand
over tainted currency on demand and PW3 shadow pancha was
asked to accompany complainant and remain watchful of the events
of demand and acceptance. On 28-04-2000, raiding party, PW2
complainant, PW3 shadow pancha proceeded to the office of
accused. Accused asked complainant to accompany him to a hotel
for tea and raised demand and asked complainant to keep the bribe
amount in the handkerchief and he kept it in his pocket.
Complainant relayed signal, followed by raid and apprehension of
accused. After investigation, accused were chargesheeted and tried,
which resulted into acquittal. Consequently, State has challenged
judgment and order of acquittal passed by the learned Special Court.