STATE OF GUJARAT Vs. AJIJMOHMED NAZARMOHMED SINDHI

JUDGEMENT

(1.) THOUGH served, but nobody is appearing on behalf of the respondent. Hence, the Appeal is taken up for hearing today.

(2.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 14.8.1997 passed by the learned Special Judge (ACB), Mehsana, in Special (ACB) Case No.4 of 1994, whereby the accused have been acquitted from the charges leveled against them.

(3.) AS per the case of the prosecution, the respondent accused No.1 being pubic servant, was serving at Kadi Police Station in traffic branch and he had to perform his duty as traffic police. On 17.7.1994. A trap was arranged by the ACB office on 17.7.1994 with the help of two panchas. At about 2:05 p.m. at noon, the accused No.1 intercepted the matador in which ACB persons were arranged and the accused No.1 told the driver of the said vehicle to give him Rs.50/ - towards illegal gratification under the pretext of entry fee. After accepting the amount of Rs.50/ - towards bribe, the accused No.1 gave the said amount to the accused No.2, who was in jeep as driver. The complainant did not want to give such amount to the accused, therefore, he approached the ACB Office, Mehsana. As per the case of the prosecution, the accused demanded and accepted the amount of bribe from the complainant. Therefore, the complaint for the offences punishable under Sections 7, 12 and Section 13(2) of the Prevention of Corruption Act against the accused.