1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION (APPA) NO.292/2009. State of Mah. Through A.C.B., Amravati VS Baban Uttamrao Wankhede ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. D.B.Yengal, APP for respondent State. CORAM : A.H.JOSHI, J. DATE : 8th APRIL, 2010. 1. Heard Mr. D.B.Yengal, learned A.P.P. For the applicant-State. 2. By this application, the applicant-State is praying for leave to file appeal against the judgment and order of learned Ad-hoc Sessions Judge,(Special Judge), Achalpur, dated 19.8.2009, rendered in Special (ACB) Case No. 5/2003. 3. The accused person was tried for the offence punishable under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988. The said Special Case has resulted into acquittal of the accused person. 4. The Prosecution Witness/complainant Uddhav 2 turned hostile and did not support the prosecution case. 5. In the given situation, the learned Special Judge recorded a finding that the prosecution has miserably failed to prove beyond reasonable doubt that the accused had demanded an amount of Rs.400/- from P.W.1 Uddhav towards gratification for issuance of solvency certificate. 6. The order under challenge is passed on consideration of facts on record. Impugned judgment and order, in such circumstances, cannot be said to be erroneous and does not need any interference. 7. Therefore, Criminal Application and appeal, are dismissed. Judge //Diwale//