Mira-Bhayandar: Exactly 14 years after he was arrested by the Thane unit of the Anti-Corruption Bureau (ACB) for his alleged involvement in demanding an illegal gratification amounting Rs 50,000 as bribe to shelter a dilapidated building from being demolished in Mira Road, the ward officer identified as Sanjay Donde was recently acquitted of the offence by a lower court in Thane. However, the ACB is preparing to challenge the decision in the High Court.
About The Incident
The incident dates back to 12, August, 2010 when the ACB team in response to a complaint filed by Sudhakar Jadhav (on behalf of the construction company) had laid a trap and arrested Donde on charges of accepting the bribe.
The civic administration, which is a competent authority, had issued the sanction order dated 22, June, 2011 as required under section 19(1)(c) of Prevention of Corruption Act 1989, against the accused. After completing all necessary investigation, a charge-sheet came to be submitted in the court.
While the complainant died before his evidence could be recorded during the court proceeding, the panch witness in his deposition admitted that he was not present in the cabin and hence could not confirm what had actually transpired between the officer and the complainant. Moreover, forensic analysis could not confirm the voice sample of the accused with the alleged recording of the verification demand and accordingly a negative report was given.
It was also noted that the sanction was granted without application of mind in which it is not written that voice belongs to the accused which is a vital piece of evidence. In the call voice played in the court there was no sound and the court could not hear the voice from the other end on account of distortion.
Considering the facts, Additional Sessions Judge (Thane) V. L. Bhosale acquitted Donde of the offence punishable under 7, 13 (1) (d) read with section 13 (2) of Prevention of Corruption Act vide section 235(1) of the Criminal Procedure Code. Notably, this is the first among 22 cases involving tainted personnel which has reached its logical conclusion albeit after a long wait of 14 years.
