Nagpur: The Special Court (Prevention of Corruption Act) Judge Deshpande acquitted Police Constable Dilip Gaidhane in a case filed under Section 7 of the Prevention of Corruption Act.
The prosecution had contended that the accused had arrested four intern doctors since they were creating public nuisance under the influence of liquor and that the accused had demanded Rs.5,000 to release the said four intern doctors. The complainant claimed that they had assured the accused that the amount would be paid and since it was midnight, the accused released the intern doctors under the promise of receiving money the next day.
The prosecution filed chargesheet and in the course of trial the defence brought on record through cross examination that when the intern doctors were arrested along with the complainant, there was one other person by the name Chandrashekar and that the prosecution theory according to the chargesheet was that the alleged demand was made to the said Chandrashekar and not to the complainant. So also it was brought on record that as per the chargesheet the entire conversations as are alleged to have occurred telephonically and in person during the verification proceedings and post-trap proceedings were depicted to have occurred between the said Chandrashekar and the accused and not between the accused and the complainant.
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So also there were allegations that the accused had demanded money from the complainant through his mobile, whereas perusal of the CDR reflected that the accused had never called from his mobile phone to the complainant. In the course of the argument Adv. Prakash Naidu pointed out that the star witness as per the chargesheet and with whom the alleged demand was purported to have been made i.e. Chandrashekar was not examined before the Court nor was his statement recorded in the chargesheet.
As such in the absence of the material witness, who was deliberately suppressed by the prosecution, no adverse presumption could have been drawn against the accused. It was also pointed out that the prosecution had deleted one of the recordings on its own which was alleged to have been recorded during the verification proceedings, thereby compelling for an adverse inference to be drawn against the prosecution.
The Special Court after hearing the prosecution and the accused proceeded to acquit the accused.
Advocate Prakash Naidu, Homesh Chauhan, Mitesh Singh Bais, Surabhi Naidu (Godbole) appeared for the accused. The APP held the brief for the State.
