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2020 Supreme(Bom) 867

A.S.GADKARI
State Of Maharashtra – Appellant
Versus
Mallinath Rajaram Harsure – Respondent


Advocates Appeared:
S.S. Hulke, Advocate

JUDGMENT

A S Gadkari, J. - The Appellant-State has questioned correctness of the Judgment and Order dated 21st May 2010 passed by the Adhoc Additional Sessions Judge, Solapur in Special (ACB) Case No. 4 of 2005, acquitting the original accused No.1, i.e. present respondent, from the offence punishable under Sections 7, 13 (1) (d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short, "the P.C. Act"). The Appellant-State has not questioned the acquittal of original accused No.2 Dattatray S. Gaikwad in the present case.

2. Heard Mr.Hulke, learned A.P.P. for the appellant-State. Despite service, none appears for the respondent.

    Perused the entire record.

    3. The prosecution case in brief is that, the respondent was working as Inspector in Social Welfare Department, Zilla Parishad, Solapur and the original accused No.2 was serving as peon in the said Department. Mr.Mahendra Aurangabadkar (PW-1), complainant, a stamp vendor was conducting his business in the precincts of the Zilla Parishad Building Solapur. The complainant (PW-2) was a person belonging to Hindu Brahman Caste and was married with Smt.Chaya Pundlik Londhe, who was belonging to Hindu Mang Caste. Their marriage

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