STATE OF GUJARAT Vs. BHURABHAI BAPUBHAI RATHOD

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 12.01.1994 passed by the learned Special Judge, Godhra, in Special Case No.5 of 1990, whereby the learned Special Judge has acquitted the respondent � accused from the charges levelled against him.

(2.) THE brief facts of the case of prosecution are that Vijaysinh Anopsinh Gohil of Kandach Village, Taluka : Kalol, District : Panchmahal was doing business of distributing films (movies) on rental basis since 1990, in the name and style of "Divi Films". It is alleged in the complaint that he was getting films from Baroda and Ahmedabad and was arranging the show of these films in different villages. He had all materials of business including projector. It is alleged in the complaint that on 01.01.1990, his Assistant Dahyabhai Somabhai Patel had gone to Vyasada for exhibiting the film � Jay Ranchhod, for the period from 9 p.m to 12 p.m. He started the exhibition of the said film. During the said show, the Head Constable of Adadara Outpost came there and detained two reels of that film and took away those two reels with him. He told the operator to send his master along with money. Therefore, he approached the Adadara Police Outpost in the morning, but the Head Constable was not available there. Therefore, he had gone to Kalol Police Station, where the Head Constable was not there. Hence, he returned to home. Therefore, the complaint was lodged against the accused for the offence under Sections 7, 13(1)(d), 13(2) of the Prevention of Corruption Act before the A.C.B Office, Godhra on 03.01.1990.

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