STATE OF GUJARAT Vs. CHHABILDAS MULCHANDDAS SURATI

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 11.01.2000 passed by the learned Additional Sessions and Special Judge, Valsad at Navsari, in Special Case No.9 of 1990, 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 the respondent accused and other traffic personnel were on duty at Saputara to Ahmedabad Highway. It is alleged that they stopped the vehicle of the complainant and demanded illegal gratification from the complainant. Thereafter, after completing necessary formalities, the trap was arranged and 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, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1947. 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 said offences under the Prevention of Corruption Act, 1947 before the A.C.B Office.

(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.