VIJAYKUMAR KALIDAS SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants have preferred the present appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 23rd October 1997 passed by the learned Special Judge, City Civil Court No.10, Ahmedabad, in Special Case Nos.03 of 1994 and 04 of 1994, whereby, the learned trial Judge was pleased to convict the present appellants for the offences punishable under Sections7 and 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) IT is the case of the prosecution that on 08th June 1993 the complainant Police Inspector had given a complaint to the ACB office to the effect that local police or traffic police is collecting illegal gratification from the vehicle owners coming into the City on several pretext. Therefore, services of two panchas were sought for and thereafter along with two panchas, Police Inpector of ACB and other staff members, arranged decoy trap. In furtherance to the said decoy trap, when they came to Kamdar Maidan at Gomtipur, one vehicle was coming from the opposite side. Thereafter, the driver of the said vehicle was informed about the decoy trap and sought for his co-operation, to which the driver was agreed and therefore, the information, which P.I. had with him. Thereafter, the drive was given Rs.75/- to be given as bribe and its numbers and denomination were recorded in the panchnama. Thereafter, experiment of UV Lamp was carried out and the same was explained to the driver of the vehicle. The said currency notes, on which anthracene powder was applied, was put in the pocket of the bush-shirt of the driver. There were two other persons also in the truck, one is cleaner and other is owner of the cow, which was in the truck. Thereafter, necessary instructions were given to the members of the raiding party, panchas and the complainant. P.I. Mr. Chavda and Police Constable were sitting along with the driver in the truck. Panch No.1 was also sitting in the said truck along with the driver and they started for raid towards Narol. IT is the case of the prosecution that when they reached near S.T. Bus Stand Circle, one Police Constable, i.e. present appellant No.1, stopped the vehicle and asked the driver that from which place the cow was put up in the truck and where it is to be taken and whether he has permission or not. The said Constable also told the driver that case would be filed against him. Therefore, the drive told the said Constable not to file any case against him, to which the said Constable replied that if he does not want to go to jail or no case is to be filed against him, then he has to pay Rs.50/- to him. After some conversation, the said Constable demanded an amount of Rs.30/- in presence of panch No.1 and the driver paid Rs.30/- to the Constable from the currency notes given to him. The Constable accepted the same and counted with his two hands and he caught red-handed there. Thereafter, necessary panchnama was drawn there and complaint was given.

(3.) THEREAFTER, charge was framed against the appellants-accused. The appellants?accused have pleaded not guilty and claimed to be tried.