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2021 Supreme(Bom) 1267

BHARATI DANGRE
Sunil Hirasingh Rathod – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Amit Desai, Advocate, Subodh Desai, Advocate, Ashwin Thool, Advocate, Kartik Garg, Advocate, Kunal Ambulkar, Advocate, Niranjan Mundargi, Advocate, Girish Kulkarni, Advocate, Nitin Patil, Advocate, S. R. Agarkar, Advocate

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The court acquitted all five appellants, including public servants and private individuals, of the charges under the Prevention of Corruption Act, 1988, due to insufficient proof of demand and acceptance of bribe (!) (!) (!) (!) .

  2. The prosecution failed to establish the essential ingredient of demand for bribe by the public servants, as the witnesses' testimonies were inconsistent and uncorroborated, and the recorded conversations were not reliable or conclusive (!) (!) (!) (!) (!) (!) (!) .

  3. The transcripts of recorded conversations lacked clarity and were not properly authenticated, with technical lapses such as missing serial numbers and incomplete certification, which undermined their evidentiary value (!) (!) (!) (!) .

  4. Voice analysis reports did not conclusively match the voices of the accused with those in the recorded conversations, further weakening the prosecution’s case (!) (!) .

  5. The evidence did not demonstrate that the accused public servants demanded or accepted any bribe directly; possession of tainted money alone was insufficient to prove an offence without clear demand or acceptance (!) (!) (!) .

  6. The defense successfully argued that the sequence of events and documentary evidence showed that the IOD was prepared and signed prior to the alleged demand, indicating no link between the demand and the issuance of the IOD (!) (!) (!) (!) .

  7. The court noted material inconsistencies and contradictions in the testimonies of witnesses regarding the demand, acceptance, and the sequence of events, which created reasonable doubt about the prosecution’s version (!) (!) (!) .

  8. The prosecution failed to prove that the accused persons used illegal means or abused their official position to obtain any valuable thing, as required to establish offences under the relevant sections of the Prevention of Corruption Act (!) (!) .

  9. The court emphasized that mere recovery of tainted money does not establish guilt unless demand and acceptance are proven, which was lacking in this case (!) (!) .

  10. The appellate court found the impugned judgment to be perverse and not based on the evidence on record, leading to the conclusion that the appellants must be acquitted (!) (!) .

  11. The appeals were allowed, and the conviction and sentences were set aside, resulting in the acquittal of all accused persons (!) (!) .

  12. The court raised concerns about procedural irregularities, such as the timing of arrests and the admissibility of digital evidence, questioning the validity of the investigation process (!) (!) .

  13. Overall, the case underscores the importance of clear, corroborated evidence of demand and acceptance in proving offences related to corruption, and highlights the necessity of reliable technical evidence for convictions under anti-corruption laws (!) (!) (!) .

These points collectively reflect the court’s reasoning in acquitting the accused due to the failure of the prosecution to meet the burden of proof beyond reasonable doubt.


JUDGMENT

BHARATI DANGRE, J. - Through the above mentioned four Appeals, five accused persons assail the judgment and order of conviction and sentence passed in Special Case No. 60 of 2015 by the Special Judge, Mumbai on 18th August 2018 and seek their acquittal, on reversing the impugned judgment holding them guilty of the offence punishable under the Prevention of Corruption Act, 1988 Appeal No. 1039 of 2018 is filed by two appellants, Vilas Ganpati Khillari, Assistant Engineer and Balaji Gurupadabba Birajdar, Sub-Engineer working in MCGM, F/North Zone, E Ward, Byculla. In Appeal No. 1137 of 2018, the applicant is one Sunil Rathod, Executive Engineer, MCGM, F/North Zone, E Ward, Byculla, Mumbai. Appeal No.1102 of 2018 is instituted by Satish B. Palav working as Liaison Officer through Architect engaged by the complainant and fourth Appeal vide No.1114 of 2018 is filed by Narayan J. Patil, a private person. In view of the order passed on 22th October 2018 in Criminal Application No.1611 of 2018, in Appeal No.1137/2018, the hearing of the Appeal was expedited. The office made the Appeal ready for final hearing in the month of April 2021 along with the connected Appeals. By consent of

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