1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.APPA 338 OF 2009. STATE OF MAHARASHTRA THROUGH P.I. ANTI CORRUPTION BUREAU VS NARAYAN S/O DOMAJI AJMIRE AND ANOTHER. ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mrs. K. S. Joshi,APP for appellant State. Shri P. V. Navlani Advocate for the respondent no.1 & 2. Coram : A.H. JOSHI, J. Date : 29th March, 2010. 1. The State has challenged the judgment of acquittal passed by the Special Judge. 2. The acquittal is based on two grounds: (a) There is variance in the prosecution sought as sought to be proved by PW-1 & PW-2 namely demand sought to be proved by the PW-1 is suggestive, while PW-2 vouches in respect of this, and there is no coherence in these testimonies to prove the fact of demand of amount of bribe. (b)The defence given by the accused is found to be acceptable by the Special Judge. 3. It is not in dispute that the degree of 2 proof to be brought by the accused does not stand on par with the degree and quality of proof to be brought by the prosecution. 4. In this situation, reasoning adopted by the Special Judge that demand of bribe is not proved, cannot be said to be illegal or perverse. 5. Appeal does not have merit, any interference is not called for. 6. Appeal has no merit and is rejected. Judge |mule|