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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ABHAY S.WAGHWASE
State of Maharashtra – Appellant
Versus
Prashant s/o Ramkrishna Yenge – Respondent
| Table of Content |
|---|
| 1. overview of the case leading to acquittal. (Para 1 , 2) |
| 2. presentation of arguments by both sides. (Para 5 , 6) |
| 3. analysis of evidence and judicial precedents. (Para 7 , 9 , 10 , 11 , 12 , 13) |
JUDGMENT :
1. State hereby takes exception to the judgment and order of acquittal dated 12.09.2005 passed in Special Case No. 7 of 2002 by which present respondents came to be acquitted from charge under Section 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, ‘PC Act’) and under Section 12 of PC Act respectively.
2. Sum and substance of the prosecution story in trial court is that, wife of complainant PW1 was running a flour mill. During visit of personnel of M.S.E.B. i.e. Linemen on 17.10.2001, it was noticed by them that, flour mill was being run by committing theft of electricity. Consequently, they disconnected supply. To restore the same, it is the case of prosecution that, accused no.1 Prashant Ramkrishna Yenge demanded bribe for reconnection. Said demand was conveyed through lineman Mundhe. PW1, as was not willing to pay illegal gratification, approached ACB authorities and lodged report, on the strength of which PW4 ACP Shepal noted the comp
The appellate court must respect the trial court's acquittal unless compelling reasons justify interference; two reasonable conclusions cannot disturb the trial court's findings.
Point of Law : Mere recovery is not sufficient to raise presumption and infer guilt.
The presumption of innocence in favor of the accused, the requirement of proof of demand for establishing acceptance of illegal gratification, and the reluctance to interfere with the judgment of acq....
The proof of demand of illegal gratification is essential for establishing the offence under the Prevention of Corruption Act, and in case of acquittal, there is a double presumption in favor of the ....
The appellate court cannot reverse an acquittal unless the trial court's findings are clearly based on illegality or incorrect consideration of evidence.
The main legal point established in the judgment is the necessity of proving the demand for illegal gratification beyond reasonable doubt for conviction under the Prevention of Corruption Act. The ju....
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