rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2904 OF 2007 CRIMINAL APPLICATION NO. 2904 OF 2007 CRIMINAL APPLICATION NO. 2904 OF 2007 IN IN IN CRIMINAL APPEAL NO. OF 2007 CRIMINAL APPEAL NO. OF 2007 CRIMINAL APPEAL NO. OF 2007 The State of Maharashtra .. Applicant. V/s. Shridhar Nivrutti Awate .. Respondent. Mr.S.R. Shinde - A.P.P. Mr.Nitin Jamdar for the Respondent. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. DATE : 14TH FEBRUARY,2008. DATE : 14TH FEBRUARY,2008. DATE : 14TH FEBRUARY,2008. P.C.:- P.C.:- P.C.:- . This is an application filed by the Applicant/Appellant-State for leave to appeal against the order of acquittal. 2. The Respondent/Original Accused at the relevant time was working as Junior Clerk in Tahsil Office at Barshi. It is alleged that the accused had accepted illegal gratification from P.W.3 for issuing Caste Certificate in regard to the brother of P.W.3. The Respondent was prosecuted for the offence punishable under section 7 and 13(1)(d) read with section 13 (2) 2 of the Prevention of Corruption Act, 1988. The Special Judge, Solapur has acquitted the accused of the offence. Perusal of the Judgment reveals that the prosecution failed to establish that the accused has demanded the amount. The immediate conduct of the accused after the trap has also been considered by the court below. During the trial, it was suggested on behalf of the accused that P.W.3 thrusted the amount in the pocket of the accused and the accused immediately informed this fact to the members of the trap. The court has also found favour with Respondent/Accused that the accused did not have any authority to issue the Caste Certificate and hence there was no question of P.W.3 paying the illegal gratification to the Accused. It is an admitted position that the Authority to issue Caste Certificate is with the Deputy Collector and the Respondent was only working as a Junior Clerk. Taking overall view of the circumstances and the evidence on record, the Special Judge, Solapur has acquitted the accused. I have perused the Judgement impugned. The same goes to take possible view of the matter which does not call for any interference of this court. Hence, application is rejected. (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.)