The State of Maharashtra v. Adesh Ganpat Nikam and Anr.
Case brief
What is this about?
State applied for leave to appeal against acquittal of veterinary doctor accused of corruption under PCA 1988. Court rejected application, holding acquittal plausible on evidence showing visit occurred after office hours for private practice and alleged excess fee covered medicine costs.
What did the court decide?
Application rejected; leave to appeal not granted.
What the court decided
24-ALS-138-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.138 OF 2015 IN
CRIMINAL APPEAL NO. OF 2015
The State of Maharashtra )...Applicant V/s. Adesh Ganpat Nikam & Anr. )...Respondents
Mr. S.V.Gavand, APP for the Applicant-State.
None for Respondents.
CORAM : A. M. BADAR, J. DATE : 16th JANUARY 2017.
P.C. :
This is an application by the State seeking leave to challenge the judgment and order of acquittal dated 15.9.2015
passed by the learned Special Judge (Anti-Corruption), Pune in Special Case No.17 of 2014 acquitting both the accused of the offences punishable under Sections 7, 13(1)(d) read with Section 13(2), 12 of the Prevention of Corruption Act, 1988.
Issues for consideration
2 issues framed by the court
Whether the trial court's acquittal of a veterinary doctor for demanding excess fees during official duties is a plausible view based on evidence regarding office hours and legitimate charges.
Whether the discrepancy between demanded and payable fees constitutes illegal gratification or is explained by private practice permissions and medicine costs.
Parties & counsel
- applicant
The State of Maharashtra
- respondent
Adesh Ganpat Nikam
Coram
A. M. Badar
Case details
As recorded by the court registry
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