(1.) Present appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 30/6/2005, passed in Special (Corruption) Case No. 18 of 2002 by the learned Special Judge, 3rd Fast Track Court, Valsad, recording the acquittal.
(2.) The facts, in brief, are that the respondent (original accused) was working as a RTO Inspector at Bhilad Check post in and around June 1996. At the relevant time, complainant Shri Harishchandrasinh Ramsinh Puwar, who was serving as a Police Inspector with Ahmedabad ACB, received a secret information that the respondent and the original accused No. 1 (dead), in connivance with each other, used to collect Rs.50.00 towards entry fee from the truck drivers passing through the check post. The original accused No. 1, who was working as an Assistant Inspector and happened to be the nephew of the respondent herein used to help in collecting such money. Accordingly, the complainant, after following due procedure, arranged a decoy trap and on 3/6/1996 at about 23:30 hours the original accused No. 1 was caught red-handed taking such illegal gratification. Further, the ACB official also seized an amount of Rs.21,170.00 collected by way of illegal gratification by them. Thereby, the accused, in connivance with each other, committed the offence under Ss. 7, 12, 13(1)(d)(i), (ii), (iii), punishable under Sec. 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 them. 2.1 Upon such FIR being filed, investigation started and the Investigating Officer recorded statements of as many as 4 witnesses and produced certain documentary evidence and after completion of the investigation, Charge-sheet was filed against the accused persons for the offences in question. The learned trial Judge framed the Charge. Since the accused did not plead guilty, trial was proceeded against the accused. Since the original accused No. 1 died pending the trial, case against him was ordered to be abated. Vide impugned judgment and order dtd. 30/6/2005, the learned trial Judge acquitted the accused person. Being aggrieved by the same, the State has preferred the present appeal.
(3.) Heard, learned APP Mr. Hardik Soni for the appellant - State and learned advocate Mr. Pravin Gondaliya for the respondent.
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