STATE OF GUJARAT Vs. BHARATBHAI PRAGJIBHAI SOLANKI

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 30.4.97 passed by the learned Special Judge, Bharuch, in Special (Corruption) Case No.2 of 1992, whereby the learned Judge has acquitted the respondent accused from the charges levelled against him.

(2.) THE brief facts of the case of prosecution are that complainant Magansing Pannasing lodged a complaint against the respondent - accused on 30.11.90 alleging that the accused had demanded illegal gratification of Rs.500/ - for operation of the brother of the complainant, for which the complainant paid Rs.200/ - to the accused on 29.11.90 and continued demanding the balance amount of Rs.300/ -. It is alleged that the complainant, however, was not willing to pay such amount and hence, the complainant lodged complaint against the accused respondent for the offences punishable under Section 161 of I.P. Code and under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1947 before the A.C.B Office, on 30.11.90.

(3.) THEREAFTER , the concerned officer, after completing the necessary procedure arranged the trap. The raid was carried out and the respondent accused was caught red -handed. After completion of investigation, the charge -sheet was filed. Thereafter, the charge was framed against the respondent accused. The respondent accused pleaded not guilty to the charge and claimed to be tried. To prove the case, the prosecution examined following witnesses.