STATE OF GUJARAT Vs. MAHENDRAKUMAR KESHAVLAL PATEL

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant � original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 20.4.1999 rendered by the learned Special Judge, Ahmedabad Rural, in Special Case No.12 of 1994. The said case was registered against the present respondent original accused for the offence under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the accused in March and April, 1994 being a public servant employed as Secretary in Bavla Nagar Panchayat demanded bribe of Rs.300/ about 15 days prior to the date of lodging of the complaint by the complainant, when the complainant asked for the amount of his bill of Rs.1950/ plus Rs.660/ towards the electrical work carried out by him in Bavla Nagar Panchayat. The complainant agreed to pay the bribe amount on receipt of the cheque by him. On 11.4.1994 at about 1:30 p.m. the accused went to his shop and demanded the bribe amount of Rs.300/. The complainant lodged the complaint with the A.C.B. After completing necessary formalities the raid was carried out, statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.

(3.) AT the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Judge vide impugned Judgment, acquitted the respondent � accused.