State filed criminal application under CrPC challenging acquittal on corruption charges citing lack of anthracene powder as infirmity; High Court refused leave to quash.
Leave to quash judgment and order is refused.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.40 OF 2006
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Office notes, office Memoranda Court’s or Judge’s orders.
of Coram, appearance, Court’s
orders or directions and
Registrar’s orders.
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Mr.S.R.Shinde, APP for the State.
Mr.S.V.Kotwal, for the Respondent.
CORAM : R.S. MOHITE,J.
DATED : 02/02/2006.
P.C.
1. This is an application preferred by
the State against the judgment and
order passed by the Special Judge, Pune
on 21.9.2005 acquitting the accused for
an offence punishable under Section 7,
13(1)(d) read with 13(2) of the
Prevention of Corruption Act. On
perusing the impugned judgment and
order, it appears that the same is
based on cogent and acceptable reasons.
It was the prosecution case that the
accused demanded and accepted a bribe
of Rs.2000/-. The bribe said to have
been accepted by the accused by his own
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hands and put in his left side pant
pocket. The currency notes were in
envelope. Anthracene powder was not
found on the notes and therefore,
evidence is disbelieved on the ground
that no anthracene powder was found in
the envelope and the pant pocket of the
accused. This is major infirmity in
the prosecution case. There is
evidence brought through a defence
witness that 7/12 extract had already
been given and mutation had already
been made earlier to the demand in the
year 1995. In view of this matter,
leave is refused and the petition is
dismissed.
(R. S. MOHITE, J.)
1 issue framed by the court
Whether the finding that anthracene powder was absent materials and mutation existence warrant quashing of acquittal?
1 provisions across 1 enactments
State
Accused
R.S. MOHITE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court