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2023 Supreme(Bom) 1730

S. M. MODAK
State of Maharashtra – Appellant
Versus
Rajasaheb Yashwant Rane – Respondent


Advocates appeared:
Y.Y. Dabke, Advocate, A.S. Khandeparkar, Advocate, Saurabh Mittal, Advocate, Rohit Mahadik, Advocate, Apporva Khandeparkar, Advocate, Vaibhav Kulkarni, Advocate, Rushikesh Bhagat, Advocate, Farhan Shaikh, Advocate

JUDGMENT/ORDER

1. The Special Judge - Anti Corruption Bureau ["ACB"] - Sindhudurg - Oros acquitted the Respondent-Accused for the offences punishable under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 ["PC Act"] on 24/8/2011.

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 accepted other evide

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