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2023 Supreme(Bom) 710

S. M. MODAK
State of Maharashtra, Through Dy. S. P. - Anti Corruption Bureau, Sindhudurg – Appellant
Versus
Rajesaheb Yashwant Rane – Respondent


Advocates Appeared:
For the Appellant : Mr. Y.Y. Dabke.
For the Respondent: Mr. A.S. Khandeparkar a/w Mr. Saurabh Mittal and Mr. Rohit Mahadik a/w Ms. Apporva Khandeparkar and Mr. Vaibhav Kulkarni a/w Mr. Rushikesh Bhagat and Mr. Farhan Shaikh.

JUDGMENT :

1. The Special Judge – Anti Corruption Bureau [“ACB”] – Sindhudurg – Oros acquitted the Respondent-Accused for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 [“PC Act”] on 24th August, 2011.

2. De facto Complainant is the owner of the agricultural land and Respondent-Accused was the Talathi at village : Sateli Bhedashi, Taluka : Dodamarg, District : Sindhudurg. Respondent demanded bribe for issuing 7/12 extract in the name of de facto Complainant. The amount of bribe was paid in part and trap was successful while paying other part.

3. After trial, the Respondent was acquitted mainly for the following grounds :-

    (a) The de facto Complainant – PW No.1 has not supported the case of the Prosecution fully.

(b) There is variance in testimonies of the de facto Complainant – PW No.1 on one hand and trap panch – PW No.2 on the other hand on material particulars.

(c) The digital evidence in the form of recording conversation was not analyzed by the forensic expert.

4. This judgment of acquittal is challenged by the State. So, the issues involved in this Appeal are :-

    (a) Whether the trial Court ought to have acc

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