-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 686 OF 2007 APPLICATION NO. 686 OF 2007 APPLICATION NO. 686 OF 2007 The State of Maharashtra. ... Applicant. V/s. Kisan Baban Rathod. ... Respondent. Mr. Y.M. Nakhawa, A.P.P. for the Applicant. Mr. Sandeep Shinde i/b. Sagar Kasar, for the Respondent. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 01ST AUGUST, 2008. : 01ST AUGUST, 2008. : 01ST AUGUST, 2008. P.C. P.C. P.C. : : : . Heard learned Counsel. 2. On the complaint that the Accused/Respondent has demanded Rs.500/- as bribe to enter his name in the Municipal bills instead of his son, the matter was taken up for a raid. PW-2 acted as one of the Panch. Pre-raid formalities were completed at the office and then the trap was arranged. During the trap it was noticed that the tainted currency notes were kept in the register at the table of the accused/respondent between page 151-152. Unfortunate part the prosecution has canvassed is that the complainant is no more. In this eventuality the evidence of panch who was with the complainant at the material time is of crucial nature. However, PW-2 Mr. Raut as noticed by the Additional Sessions Judge to be most -:2:- untrustworthy and incredible witness to put reliance on his testimony. The currency notes which were found in the register were not visible from the register and it is transpired that those were kept when the accused was searching for the file in the cupboard and his back was towards the table and that those currency notes were kept by the complainant without the knowledge of the accused in the register. In these circumstances, even if those tainted currency notes have been seized from the register kept on the table of the accused, it cannot prove the guilt of the accused. 3. In the above set of facts, leave to appeal rejected. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)