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2009 Supreme(SC) 1331

S.B.SINHA, CYRIAC JOSEPH
State of Maharashtra – Appellant
Versus
Dnyaneshwar Laxman Rao Wankhede – Respondent


Advocates appeared:
For the Appellants:Ms. Madhavi Divan, Ravindra Keshavrao Adsure, Advocates
For the Respondents:Manish Pitale, Chander Shekhar Ashri, Advocates.

Judgement Key Points

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Judgment :-

S.B. Sinha, J.

1.1. Leave granted.

2.2. The State is before us being aggrieved by and dissatisfied with a judgment and order dated 19.07.2005 passed by a learned Single Judge of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur whereby and whereunder a judgment of acquittal was recorded in favour of the respondent herein who was convicted by the Special Judge, Wardha in Special Case No. 4 of 1996 under Section 7(1) of the Prevention of Corruption Act, 1988 (for short "the Act").

3.3. Respondent was, at all material times, serving as a Head Constable in Police Station, Karanja in the District of Wardha. Madhukar Dhote, hereinafter referred to as the complainant, was a resident of village Taroda in the Tehsil of Karanja (Ghadge). He had lodged a report against Dhanaraj Mohod and his servant Sudhkar Borkar for allegedly allowing their cattle to graze orange plants. Sudhkar Borkars mother, however, lodged a report against the complainant that he had assaulted her son. In his capacity as a Head Constable, the respondent visited the village for making an enquiry.

4.4. Respondent informed that having regard to the complaint made by the mother of Sudhakar Borkar, he a




















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