1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.167 OF 2010 in Criminal Appeal No. of 2010 State of Maharashtra thru Dy.Superintendent of Police, ACB, Chandrapur VS Dr.Abdul Gaffar Abdul Karim ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.S.Doifode, A.P.P. for the applicant State CORAM : A.H.JOSHI, J. DATE : 14th JUNE, 2010. 1. Heard Mr. S.S.Doifode, learned A.P.P. for the applicant State. Perused the judgment. 2. Learned Special Judge, Gadchiroli has acquitted the accused in relation to charge under Section 7 & 13(2) read with Section 13(1)(d) of Prevention of Corruption Act. 3. It is seen that the learned Special Judge has disbelieved the prosecution story on various grounds and the main ground for acquitting the accused as follows :- i] There is variance in the testimony of different witnesses as to demand of amount of bribe, its acceptance and its recovery from 2 the accused. ii] It was necessary for the Investigating Officer to deposit the muddemal in the Malkhana of Police Station and there is no explanation as to why it was retained by the I.O. for two days. 4] It is seen that the witnesses are at variance in the manner in which the amount of bribe was accepted and received by the accused. The same is not denied or explained by the prosecution. 5] In this situation, the judgment and order passed by the learned Special Judge, is well founded. It does not call for any interference. 6] The criminal application and appeal is dismissed. Judge //Diwale//