STATE OF GUJARAT Vs. BASHIRBHAI KASAMBHAI

JUDGEMENT

(1.) THIS revision is filed by the applicant-State against the judgment and order dated 2-12-2004 passed by the learned Special Judge, Fast Track Court No.4, Navsari, in Special Case No.9 of 2003 by which the accused was acquitted of the charges levelled against him.

(2.) IN brief, case of the prosecution is that the complainant-Rameshbhai Solaknki, who was having a hair cutting saloon at Village Pratapnagar, Tal. Vasda, Dist. Navsari, purchased a house from one Minaben Rathod under a registered sale deed. For making necessary entries on the Panchyat record qua the said purchase, he approached Talati-cum-Mantri of Village Pratapnagar and the accused demanded Rs.5,000/- which was brought down to Rs.5,000/-. As the complainant did not want to pay illegal gratification, ACB was approached by him by filing a complaint. A trap was laid and accused was caught and he was charged for the offences under Secs.7,13(1)(d) and 13(2) of Prevention of Corruption Act. When the evidence of complainant was recorded, he stated that he does not remember anything about the trap and hence, learned Public Prosecutor requested the Court to declare the complainant as hostile. However, said request was rejected by the learned Special Judge, vide order dated 2-12-2004. Being aggrieved by the said order, this revision is preferred by the State.

(3.) LEARNED advocate, Mr.N.K.Majmudar has submitted that appropriate order be passed.