STATE OF GUJARAT Vs. DAHYABHAI KALIDAS PARMAR

JUDGEMENT

(1.) Present appeal has been filed by the appellant - State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 30.08.2006, passed in Special Case No. 15 of 2002 by the learned Presiding Officer, Fast Track Court No. 15, Vadodara, recording the acquittal.

(2.) The facts, in brief, are that a complaint was filed against one Ganpatbhai Budhabhai by Ibrahimbhai Malek, resident of Bhayali village being application No. 96/2002, investigation of which, was with accused No. 1 - Dahyabhai Kalidas Parmar, who was Writer - Constable and accused No. 2 - Punambhai Kishanbhai Bhaliya, Unarmed Head Constable, was the Assistant Writer of the accused No. 1 and the accused No. 3 - Smt. Lilaben Ramsinh Chauhan, ASI, was working as a Writer Head in the Taluka Police Station as well as was being Police Station Officer, had been handling the Station Diary duty. The accused No. 1 allegedly called the respondent in the said application - Jayantibhai Budhabhai at the Taluka Police station and demanded bribe of Rs.1,000/- for bail related procedures, which, after bargaining, eventually, finalized at Rs.400/-. The respondent of the said application was asked to remain present on 29.05.2002 at the Taluka Police Station along with a surety and the amount of bribe. The complainant, since, did not want to pay the bribe, approached Shri I. B. Vyas, Police Inspector, ACB, Vadodara on 28.05.2002, who, after completing preliminary procedures, arranged the trap. The accused No. 1, through the accused No. 2 received an amount of Rs.50/- for helping in investigation as well as the accused No. 3 also received Rs.50/- for necessary registration in the record and thereby, all the accused, in connivance with each other, committed the offence punishable under Section 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as "the PC Act ") for which, FIR came to be registered against him.

(3.) Heard, learned APP Mr. Hardik Soni for the appellant - State and learned advocate Ms. Kruti M. Shah for the respondents.