HIGH COURT OF BOMBAY (Nagpur Bench)
State Of Maharashtra vs Baliram
Criminal Appeal No 392 of 2014 On 12 April 2024
Hon'ble Judges: Urmila Joshi Phalke
Case Type: Criminal Appeal
Final Decision: Appeal disposed
Advocates: M.H.Deshmukh, N.S.Khandewale
Citations:
2024 0 CJ(Bom) 293
ACTS REFERRED:
Prevention of Corruption Act, 1988, Section 20(1)
Prevention of Corruption Act, 1988, Section 20
Prevention of Corruption Act, 1988, Section 13(2)
Prevention of Corruption Act, 1988, Section 13(1)(d)
(A) Prevention of Corruption Act, 1988, Section 20, Section 13(2), Section 20(1), Section 13(1)(d) - Presumption where public servant accepts gratification other than legal remuneration - Criminal misconduct by a public servant - Presumption where public servant accepts gratification other than legal remuneration - Criminal misconduct by a public servant font-size: 16px;" >
Being aggrieved and dissatisfied with judgment and order dated 212013
passed by learned Additional Sessions Judge, Gondia (learned Judge of the trial
court) in Special Criminal Case No.1/2008 whereby the respondent (accused) is
acquitted of offences under Sections 7 and 13(1)(d) punishable under Section
13(2) of the Prevention of Corruption Act, 1988 (the said Act).
Brief facts of the prosecution case run as under:
Vilas
Sahare (complainant), Headmaster of Zilla Parishad Primary School, Bidtola,
taluka Arjuni-Morgaon, district Gondia, lodged a report on 30.12006 alleging
that he purchased a plot at Borkar Layout and in the year 2005 constructed
house by obtaining necessary permission from the competent authority.
Judgement Text
1.
Being aggrieved and dissatisfied with judgment and order dated 29.11.2013
passed by learned Additional Sessions Judge, Gondia (learned Judge of the trial
court) in Special Criminal Case No.1/2008 whereby the respondent (accused) is
acquitted of offences under Sections 7 and 13(1)(d) punishable under Section
13(2) of the Prevention of Corruption Act, 1988 (the said Act).
2.
Brief facts of the prosecution case run as under:
Vilas
Sahare (complainant), Headmaster of Zilla Parishad Primary School, Bidtola,
taluka Arjuni-Morgaon, district Gondia, lodged a report on 30.11.2006 alleging
that he purchased a plot at Borkar Layout and in the year 2005 constructed
house by obtaining necessary permission from the competent authority. He had
purchased teakwood doors and windows for consideration of Rs.20,000/- from one
Manohar Zade and used the same while constructing the house. The mobile squad
of the forest department visited his house on 24.11.2006 and sought explanation
from his wife about the teakwood as well as other necessary documents. The
accused, who was serving as Forest Guard, was one of members of the said squad.
Despite the necessary documents and explanation given to him, he demanded
Rs.6000/- for not taking action against him and after negotiation, shown his
readiness to accept Rs.3000/-. As the complainant was not willing to pay the
amount, he approached
