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2012 Supreme(Bom) 915

M.T.JOSHI
State of Maharashtra – Appellant
Versus
Ashok Tukaram Gavai – Respondent


Advocates appeared:
Mrs. Y.M. KSHIRSAGAR. A.P.P. for Appellant State.
Mr. N.N. SHINDE, Adv. for Respondent no.1.

JUDGMENT

1. Heard both sides.

2. Aggrieved by acquittal of the present respondents from the offences punishable under Sections 7, 12 and 13 (1) (d) r.w. S. 13(2) of the Prevention of Corruption Act, present appeal is preferred by the State.

In short, the prosecution case is as under:

3. That respondent Ashok during the relevant time was a public servant working in the office of District Industries Center at Dhule as Industries Inspector. When he vas on tour on 6/10/94, the complainant [p.w.1] Sk. Majid met him with a proposal to seek an amount of Rs. 40,000/- from the Industries Department for his ongoing business of purchasing and repairing of wrist watches. After preliminary talk, the respondent no.1 made it clear to the complainant that unless and until 2% of the amount to be sanctioned i.e. of Rs.40, 000/- is paid, the work may not be done. Ultimately, after negotiation, illegitimate demand was settled to Rs.500/-. It was agreed that the complainant would go to Dhule and he will pay the amount. In these circumstances, complainant filed his complaint on 10/10/94 with the Anti Corruption Bureau. P.W4 Dr. Prabhakar Patil, Deputy Superintendent of Police of A.C.B. took over the invest














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