APEAL.427-01 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 427 OF 2001 The State of Maharashtra ...Appellant Vs. Ramakant Vishwanath Povale & Anr. ...Respondents *** Mr. P. S. Hingorani, APP for the Appellant. None for the Respondent. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 6, 2010 P.C. 1. Heard the learned APP for the appellant. This is an appeal against the judgment and order dated 11th December, 2000, passed by the Special Judge, Thane, whereby accused Nos. 1 and 2 have been acquitted of the offences punishable under S. 7, 12, 13(1)(d) read with S. 13(2) of the Prevention of Corruption Act. 2. Though the raid was conducted on 4th January, 1992, no evidence was led by the prosecution and though judgment of the Apex Court in the case of -Raj Deo Sharma Vs. State of Bihar [AIR 1998 APEAL.427-01 - 2 - Supreme Court 3281] has been subsequently overruled, the fact remains that the date on which the order was passed, the said judgment was in force. It is an admitted position that the prosecution has not examined any witness for 18 years and now even the matter is remanded back, it is not certain whether the witnesses would now be available, and apparently, it would be a futile exercise. Therefore, in my view, this is not a fit case to interfere with the impugned judgment and order of the trial Court. The appeal is therefore, dismissed. [ V. M. KANADE J.]