2009 (7) TMI 1230

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.... 1996 under Section 7(1) of the Prevention of Corruption Act, 1988 (for short "the Act"). 3. Respondent was, at all material times, serving as a Head Constable in Police Station, Karanja in the District of Wardha. Madhukar Dhote, hereinafter referred to as the complainant, was a resident of village Taroda in the Tehsil of Karanja (Ghadge). He had lodged a report against Dhanaraj Mohod and his servant Sudhkar Borkar for allegedly allowing their cattle to graze orange plants. Sudhkar Borkar's mother, however, lodged a report against the complainant that he had assaulted her son. In his capacity as a Head Constable, the respondent visited the village for making an enquiry. 4. Respondent informed that having regard to the complaint ma....

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....mand of the amount of bribe by the respondent, the same was paid. He was apprehended by the raiding party. Upon obtaining sanction for the prosecution of the respondent, a case under Sections 7 and 13(1)(d) was initiated against him. 7. Respondent entered the plea of innocence. Charges were framed against him. Ashok Waghade, panch witness No. 1, died during pendency of the said proceeding. The other panch witness Gajanan Ambatkar although was not present when the respondent purported to have made a demand of the amount of gratification, deposed to the said effect. He was declared hostile and was permitted to be cross-examined by the prosecution. The complainant, however, examined himself as a prosecution witness and supported the prosecu....

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....avi Divan, learned counsel appearing on behalf of the appellant, would contend that keeping in view the materials brought on record by the prosecution, the High Court committed a serious error in opining that all the three ingredients of commission of an offence under Section 7 of the Act have not been proved. It was urged that having regard to the provisions of Section 20 of the Act, the burden of proof was on the accused and he having failed to explain as to how the amount of Rs. 1200/- was found in his pocket, the High Court ought not to have recorded a judgment of acquittal in his favour. 13. The learned counsel furthermore would contend that the discrepancies in the depositions of the prosecution witness were not sufficient to recor....

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....he ingredients of an offence, viz., demand, acceptance and recovery of the amount of illegal gratification have been satisfied or not, the court must take into consideration the facts and circumstances brought on the record in their entirety. For the said purpose, indisputably, the presumptive evidence, as is laid down in Section 20 of the Act, must also be taken into consideration but then in respect thereof, it is trite, the standard of burden of proof on the accused vis-`-vis the standard of burden of proof on the prosecution would differ. Before, however, the accused is called upon to explain as to how the amount in question was found in his possession, the foundational facts must be established by the prosecution. Even while invoking t....

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....ainant and the mother of said Sudhakar Borkar after a long time, it is doubtful that the respondent had been coming to the village again and again. Even complaint was made only on 8.08.1995. Indisputably, at least two attempts have been made, one on that date and another later on. The entire procedure for making a raid was repeated on 22.08.1995. This itself casts a serious doubt about the prosecution case. The matter does not end here. Complainant with Ashok Waghade went to the police station. Then, they went to their residence. If the respondent intended to take the amount, he would have accepted the same in his house itself and there was no reason to ask the complainant and the witness to meet him at a public place, i.e., near the Veteri....