APEAL407-01 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 407 OF 2001 The State of Maharashtra ...Appellant Vs. Mohammed Sadiq Mohammed Gaus ...Respondent *** 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/State. This appeal is against the judgment and order dated 28th November, 2000 of acquittal, passed by the Special Judge, Malegaon, for the offences punishable under S. 7, 13(1)(d) read with S. 13(2) of the Prevention of Corruption Act, 1988. The complaint was filed in the year 1989 and the prosecution did not examine any witness though the charge was framed on 1-2-1990 and therefore, the learned Special Court was pleased to acquit the APEAL407-01 - 2 - accused, relying on the judgment in the case of - Raj Deo Sharma Vs. State of Bihar [AIR 1998 Supreme Court 3281]. The trial Court has observed that for a period of 11 years not a single witness was examined by the prosecution. 2. I have perused the impugned order. It is no doubt true that the judgment in the case Raj Deo Sharma (supra) has been subsequently overruled by the Larger Bench of the Apex Court. But the fact remains that at the relevant time, the law laid down by the Apex Court by the said judgment was binding on the trial Court. Apart from that, more than 21 years have passed from the date of complaint and therefore, in my view, under the circumstances, it would not be appropriate to interfere with the impugned order. Appeal is therefore, dismissed. [ V. M. KANADE J.]