JUDGMENT

S. M. Modak, J. - This is a State's appeal against judgment of acquittal delivered by the Special judge (ACB) Kolhapur. Though the Complainant complained against two Police officers, action was taken against present Respondent only. He faced trial for the offences punishable under Sections 7, 13 (1) (d) read with Section 13(2) of the Prevention of Corruption Act. He was acquitted vide judgment dated 13.07.2016.

2. Trial Court noticed variances in the testimonies of Complainant PW-1 and trap panch PW-2. On the basis of grievance of Complainant-Sayaji (that real complaint is not coming forward) trial court given benefit of doubt to the Respondent. So also the Respondent was not having official work of 'giving reply in return of property application' and still sanction was given. So trial Court held there was non application of mind. This is a case wherein the trial Court totally disbelieved the Complainant without verifying what he has said against the Respondent.

3. So in this appeal we have to ascertain :-

a) are there material Variances?

b) whether there is substance in the grievance of PW-1 that real complaint has not come on record? and,

c) whether there is non application of