IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.813 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 The State of Maharashtra )..Applicant Versus Mahendra Dhondu Baviskar )..Respondent ---- Mrs.A.A.Mane APP for the applicant/State. Mr.R.R.Yadav for the respondent. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 10.9.2008. PC 1. This is an application filed by the State for leave to appeal. The accused has been convicted for the offences punishable under Sections 7 & 13(1)(d) read with 13(2) of Prevention of Corruption Act. On perusal of the impugned judgment and order, I find that the acquittal is based on cogent and acceptable reasons. There are several discrepancies in the evidence. The complainant has stated that the bribe money was accepted and was in his left hand. Anthracene powder was found on both the hands. Complainant then stated that accused kept bribe money in his pant pocket. No anthracene powder was found in the pant pocket. Panch witness deposed that after accepting the money, the accused kept it : 2 : in a table drawer. No powder was found in the table drawer. The evidence as regards the acceptance is doubtful. The evidence regarding the demand is also found to be inconsistent. Inconsistancies are listed in the judgment. In my view, not a fit case to interfere in an appeal against acquittal. Hence, leave refused. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)