1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.103 of 2009 IN Criminal Appeal No. of 2009 [State of Mah. Vs. Sanjay Kashinath Raibole & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.S. Doifode, APP for the applicant. ----- CORAM : A.H. JOSHI, J. DATE : 16th April, 2010. 1. This is an appeal against acquittal preferred by the State. 2. Heard. 3. Accused No.1 is a Police Constable and Accused No.2 is a private person, who were tried for offence punishable under Sections 7, 12, 13 (i) (d) and 13 (2) of the Prevention of Corruption Act. 4. As per the story of prosecution, at the behest of Accused No.1, the accused No.2 had accepted the bribe amount of Rs. 1200-00, and when Accused No.2 was searched, tainted notes were found. Even Phenolphthalein powder was found inside pocket of the Accused No.2. 2 5. Panch witness has not supported the prosecution, and even on other grounds, the learned Special Judge has disbelieved him. The disbelief is mainly on two grounds, namely:- [1] Exact distance from which the Panch witness was witnessing the incidence of recovery of amount of bribe from the Accused No.2 is not proved. [2] The Panchanama is hand written, while, according to Panch witness, it was printed on a computer- operated printer. 6. The learned Special Judge also found that the prosecution has failed to prove that the accused No.2, who was not a Police Constable, was instructed by the Accused No.1 to accept the money for him. 7. Considering the sum effect of the evidence that had come before the Special Court, the Special Court found that the offence charged was not proved. 8. The manner of appreciation of evidence done by the Trial Court is not shown to be erroneous or illegal. 9. It is not shown that the findings are contrary to record. 3 10. In this background, there are no grounds as to why the application for leave and appeal be entertained. 11. In the circumstances, application and appeal being without merit, are dismissed. Judge |Hedau|