STATE OF GUJARAT Vs. PARMAR KESHBHAI BALABHAI

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 05.08.1995 passed by the learned Special Judge, Mehsana, in Special (ACB) Case No.4 of 1991, 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 complainant Haribhai Nathubhai Chaudhari was allotted plot No.45/1 of Gharthar land of Village : Ucharapi by the Gram Panchayat. It is the case of the prosecution that prior to six years of the complaint, the Gram Panchayat resolved that the said plot is of the Gram Panchayat and, therefore, earlier resolution of the Panchayat by which plot was given to the complainant, by mistake, cancelled by the Gram Panchayat and, therefore, the complainant wanted to file a Civil Suit against the Panchayat and for that purpose, in May 1990, the complainant applied for certified copy of the resolution before the Talati-Cum-Mantri, the respondent herein. It is alleged that the certified copy of the resolution was given by the accused on 18.07.1990, but the accused wrote a date as 01.05.1990, which is the date of application for obtaining the copy of the resolution. The complainant again applied for certified copy of the said resolution, after four days to the Panchayat. The accused Talati-Cum-Mantri again gave certified copy of the resolution with an endorsement that earlier copy has been lost, so new copy has been given. On account of said endorsement of the accused, the complainant was not in a position to obtain any relief from the Civil Court. So the complainant insisted the accused to give a certified copy of resolution without any endorsement, but the accused denied to give the same. At that time, the accused told that he has to go to the office of Mamlatdar, Mehsana and instructed the complainant to meet on some other day and, therefore, the complainant went to the office of Mamlatdar, Mehsana on 24.07.1990. It is alleged that both met in the compound of the office of the Mamlatdar on 24.07.1990 at about 1.30 p.m and at that time there was a talk with the accused regarding the copy of the resolution of the Panchayat. It is alleged that the accused told that the complainant that he will come on 25.07.1990 in afternoon at Village : Ucharpi in the Panchayat Office, where he has to come with RS.50/- and thereupon, the accused agreed to give another copy of the resolution of the Panchayat. The accused also told the complainant that if he will not pay the amount then he will not give the copy of the resolution. According to the complainant, the accused had demanded Rs.50/- from the complainant on 24.07.1990. Therefore, the complaint was lodged against the accused for the offence under Section 7 r/w. Section 13(1)(d) of the Prevention of Corruption Act before the A.C.B Office, Mehsana on 25.07.1990.

(3.) BEING aggrieved and dissatisfied with the Judgment and order passed by the Special Judge the appellant State has preferred the present Appeal.