Ladda v. Chandrashekhar Ramchandra Waikar

1. CORAM: A.R.JOSHI,J. DATE : 15TH JUNE,2009. P.C.:-

Heard rival submissions for some time. It is the application for leave to file an appeal against the acquittal of respondent accused in the matter of offence punishable under Section 7 and 13 (1) (d) r.w.s 13 (2) of the Prevention of Corruption Act, 1988. The State has prayed for leave to appeal. Reportedly, it is the case of demand and acceptance of bribe amount of Rs. 10,000/- by the respondent accused, Sales Tax Officer, in order to clear the five years accounts 2

of the firm belonging to the brother of the complainant. Reportedly, the Trial Court was influenced by the factual position that the tape recorded conversation which was allegedly obtained by the complainant prior to filing of the complaint with A.C.B., was not proved and that one Tax consultant of the complainant who allegedly conveyed the desire of the accused regarding demand of illegal gratification, was also not examined. Inspite of such non examination of witnesses, it is the case in which five witnesses were examined including the complainant, trap panchas, Investigating Officer and sanctioning authority. Considering the finding of the anthracin powder on the hands of the respondent accused and considering the substantive evidence of P.W. Nos. 1, 2 and 3 there appears to be a substance in the arguments of the learned A.P.P., so as to deal with the matter in the appeal to ascertain the correctness or otherwise of the order of acquittal. Hence, the present application for prayer of leave is granted. Appeal is admitted. Call for R and P. A.R.JOSHI,J.