1 APPLN-5861.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.5861 OF 2010 The State of Maharashtra .... Applicant Vs. Tukaram Vishnu Paygan & Anr. .... Respondents Shri J.P. Kharge, APP, for the Applicant- State. CORAM: R.C. CHAVAN, J. DATED: SEPTEMBER 15, 2011 P.C: This is an application for leave to file appeal against the acquittal of the respondents ordered by the learned Special Judge, Solapur for the offences punishable under Sections 7, 13 and 12 of the Prevention of Corruption Act, 1988. The learned APP points out that in spite of the fact that traces of anthracene powder were found on the hand of accused No.1 Paygan, who had allegedly accepted the bribe for accused No.2 Maikalwar, the learned Judge had acquitted the respondents. He submitted that there was evidence about tape recorded conversation which also did not receive due consideration from the trial Court. 2 APPLN-5861.10 The learned Judge seems to have brushed aside the evidence of tape recorded conversation on the ground that the conversation was of three minutes and fifty three second whereas the complainant was in the house of accused No.2 for about ten minutes. He found that the opinion given by the Forensic Science Laboratory was after all an opinion and therefore discarded it. He also observed in para 31 of his Judgment that the so called finding of anthracene powder has no concern with acceptance of bribe. These things would require consideration. Hence leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)