1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.2940 OF 2009. STATE OF MAHARASHTRA THROUGH DY.S.P. ACB SLEUTH NAGPUR. Vs SOMNATH SHANKAR DIWAKAR ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri V. A. Thakre, APP for the applicant. Coram : A.H. JOSHI, J. Date : 25th March, 2010. 1. The complainant's testimony of demand of bribe and payment are sought to be corroborated by statement of PW-2 Sripad Kohade. 2. It has come on record that PW-2 has been a witness in four anti corruption cases, and is a paid witness of ACB. 3. In this situation, proof of all the 3 ingredients namely demand, payment and recovery of the bribe amount is relied upon the testimony of these witnesses. 4. As regards the recovery and location of the bribe money found in the house of the accused, the accused has a story of defence. The failure of prosecution to prove the fact of demand and payment renders the prosecution story totally doubtful. Learned Special Judge has entertained doubt. It 2 cannot be said that the entertainment of doubt done by the Special Judge is without any foundation. 5. The appeal has no merit and is rejected. Judge |mule|