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S.S.SHINDE
State of Maharashtra – Appellant
Versus
Shivram – Respondent


Counsel for the Parties:
For the Appellant: S.G. Nandedkar, A.P.P.
For the Respondents:S.J. Salgare, holding for Mrs. S.S. Jadhav, Advocates.

JUDGMENT

S.S. Shinde, J.—This is an appeal filed by the State, challenging the judgment and order dated 10-05-1999 passed by the Special Judge, Jalna in Special Case No. 25 of 1993, by which respondent Nos.1 and 2 are acquitted for the offence punishable under Sections 7, 13(2), read with Section 13(1), 12 read with Section 7 and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and under Section 109 of the Indian Penal Code.

2. Thecharge against accused Nos. 1 and 2 respondents herein was that on 04-03-1993, accused No.1 attempted to obtain Rs.1000/- for himself as a gratification from Shobhabai Nandkishore Mittal resident of Jalna to show her favour while doing official duty to prosecute her application in her favour against Rickshaw driver. Accused Nos. 1 and 2 accepted the amount and committed the said offence. The allegations against the accused were that the accused were attached to Sadar Bazar Police Station and accused No. 2 was working as Police Head Constable at the relevant time. At the relevant time, complainant Shobhabai was running grocery shop under the name and styled as ‘Mittal Provisions near Mission Hospital, Jalna’. When One Riks

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