HIGH COURT OF BOMBAY
STATE OF MAHARASHTRA – Appellant
Versus
GOPAL AMBADAS GAWALI – Respondent
APEAL 705/2000
['THE P P', 'SUBODH NARHARI PATHAK', '', 'RESPONDENT', 'ADV JAHANGIR JEJEEBHOY', 'APPOINTED AS AN AMICUS', 'CURIAE', VIDE CT'S ORDER DT]
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.705 OF 2000
The State of Maharashtra
)….Appellant
V/s.
Gopal Ambadas Gawali
)
Age : Adult,
)
R/o Keshav Nagar Police Station
)
Block No.1, Solapur, Dist. Solapur
)....Respondent
----
Ms.Anamika Malhotra, APP for appellant.
Mr.Subodh N.Pathak for respondent.
[Mr.Jehangir Jejeebhoy Amicus Curiae.]
----
CORAM :K.R.SHRIRAM,J
DATE : 22.1.2020
ORAL JUDGMENT :-
1.
This is an appeal filed by the State of Maharashtra
impugning an order and judgment dated 20.7.2000 passed by the
Special Judge, Solapur acquitting respondent of charges under Section
7 (Offence relating to public servant being bribed), read with section
13(1)(d) and 13(2) (Criminal misconduct by a public servant) of the
Prevention of Corruption Act, 1988.
2.
On 6.1.2020 when the matter was called out, as respondent
(hereinafter referred to as accused) was unrepresented, this court
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appointed Mr.Jehangir Jejeebhoy as an Amicus Curiae. Of course,
subsequently Mr.Subodh Pathak appeared for accused. Before I
proceed with the case, I must express my appreciation for the
distinguished assistance rendered by Mr.Jejeebhoy, learned amicus
curiae.
3.
Heard the counsel and also perused the record &
proceedings, the evidence as well as the impugned judgment.
4.
The prosecution’s story in brief :
(a)
Accused was working as a Police Head Constable at
Solapur, Taluka Police station, Solapur Rural, Dist. Solapur at the
relevant time. On 18.2.1997 at about 2.00 p.m., complainant Dhanaji
H.Rathod (PW-3) met accused at his residential quarter in Keshav
nagar at which time accused told complainant, i.e., PW-3 that PW-3
was involved in a prohibition case under section 66-B of the Bombay
Prohibition Act under Taluka Police Station Jurisdiction and accused
was investigating that case, and PW-3 was going to be arrested and
probably externed and to show favour demanded a sum of Rs.1500/-
as bribe. PW-3 claims to have fallen at the feet of accused saying that
no such action be taken against him, at which time accused demanded
Rs.1500/- as bribe. PW-3 pleaded his inability to give such a large
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amount because he was unemployed, has given up all his illicit liquor
business and now working only as a part time labour.
(b)
PW-3 bargained and brought down the amount to
Rs.1000/- and accused informed PW-3 to bring the amount on
19.2.1997 at about 10.00 to 10.30 a.m. in Suresh Cycle Mart near
S.T.bus stand. When PW-3 went to Keshav Nagar, i.e., to the resident
of accused, he was taken on motor cycle by brother-in-law of PW-3
one Dhanaji Pawar, who has not been examined. Dhanaji Pawar,
after PW-3 met accused, dropped PW-3 at about 2.30 p.m. near one
Panjarapol chowk. PW-3 thought over the matter and felt that accused
will not let him live in peace and decided to complain to Anti
Corruption Bureau. PW-3 thereafter went over to the office of Anti
Corruption Bureau, met API Ghuge (PW-8) who is the Investigating
officer and narrated his complaint to PW-8. PW-8 patiently heard
PW-3 and noted down the complaint in his handwriting but in the
words of PW-3. Simultaneously, PW-8 addressed a letter to M.S.E.B to
depute two persons as panch witnesses and those persons reached
office of A.C.B at 5.30 p.m. After narrating the facts and completing
the preliminaries, a pre trap panchanama was prepared by PW-8.
After pre trap panchanama was prepared, complainant and panch
witness were directed by PW-8 to report again in the office of A.C.B at
6.00 a.m. on 19.2.1997. After detailed instructions were given,
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complainant, the panch witnesses, PW-8 who is the Investigation
officer (I.O) and Deputy Superintendent of Police one Mr.Thorat and
few other constables being the raiding party went to trap accused. I
have to note that apart