The Special Court Smt. R.K. Shaikh(Preventionof Corruption Act) acquitted DilipKumre API of the offence u/s 7 of the P.C. Act. The prosecution had alleged that, the complainant Ashish was arrested for the offence u/s 110, 112, 117 of the B.P.Act and that the accused demanded bribe amount Rs.1000/- from the complainant for releasing on bail. The prosecution further alleged that subsequently the complainant met the accused in the Court premises,Umred and the accused demanded Rs. 2000/- for finishing his case. The prosecution claimed that the demand was verified and it was found that the accused had demanded and shown readiness to accept the said amount and as such the accused was arrested u/s 7 of the P.C.Act.
In the course of trail, prosecution witnesses when subjected to cross examination, spelled out vital discrepancies with regards to the time and place of alleged demand and also with regards to the alleged sequence of events, as had been claimed in their statements and charge sheet. It was also brought on record that,inspite of having the phone number of the accused, the prosecution did not take steps to verify the demand through telephonic conversation during verification panchnama. So also the prosecution witnesses could not stand the scrutiny of evidence of prior demand. The defenseargued that the bare allegation of demand remained uncorroborated through cogent and persuasive evidence and the contradictions of the witnesses with regards to the alleged happenings renders it utmost doubtful. The defense argued that in the absence of proof of initial demand and also of subsequent demand, the entire prosecution stands vitiated and that no presumption could be drawn, as the evidence available on record was inconsistent, sketchy and squarely unreliable. Appreciating the contentions and arguments as advanced by the defense and the prosecution, the Special Court (A.C.B. and Additional Sessions Judge) Smt.R.K. Shaikh acquitted the accused of the charges.
Advocate Prakash Naidu assisted by AdvPankajThakre, Rahul Rathe, HomeshChavhan, MiteshBais and SurabhiGodbole represented the accused. The prosecution was represented by AdvVasant Narsapurkar.