BOMBAY HIGH COURT - APPELLATE SIDE,BOMBAY
K.R. Shriram, J
The State of Maharashtra – Appellant
Versus
Vijay Anant Ayare – Respondent
| Table of Content |
|---|
| 1. examination of evidence and procedural adherence in bribery case. (Para 2 , 3 , 4) |
| 2. witness testimonies' inconsistencies affecting prosecution credibility. (Para 6 , 10) |
| 3. discussion on procedural correctness in sanctioning prosecutions. (Para 11) |
| 4. reaffirmation of acquittal based on insufficient evidence and presumption of innocence. (Para 12 , 13 , 14) |
| 5. final ruling and implications of acquittal. (Para 15) |
| 6. concluding remarks to uphold trial court's decision. (Para 16) |
2. It is prosecution’s case that accused was a police constable in the Detection Branch of Taloja Police Station. On 09/11/1998 a tempo owned by one Ramvilas Hullu Rajbhar and driven by Ramdayal Hullu Rajbhar (P.W. 3), both residents of Dombivali, was stopped by accused. The tempo owner Ramvilas was having business of sale and purchase of scrap for the last four years. Ramvilas used to sell scrap to one Brijlal and Company at Taloja. On 09/11/1998 two persons stopped the tempo, one of them informed Ramdayal (P.W. 3) that he is a policeman and enquired about the scrap material in the tempo and also demanded papers of the tempo. When P.W. 3 showed and handed over all the papers to accused, accus
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