STATE OF GUJARAT Vs. GHANSHYAMSBHAI MAKANBHAI PARMAR

JUDGEMENT

(1.) THE present appeal, under Section 378(1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 23.6.1993 passed by the learned Special Judge (Corruption), Panchmahals at Godhra, in Special Case No.3 of 1989, whereby the accused has been acquitted from the charges leveled against him.

(2.) AS per the case of the prosecution, the one Pahadsinh Virsing Baria purchased a land from Lemjibhai and sale deed was executed. The stamp duty was not properly paid and an amount of Rs.1005/ - was ordered by Deputy Mamlatdar to pay to the office towards deficit stamp fees. On 27.2.1988, one Udesing Jokhanabhai and purchaser Pahadsing Virsing approached the accused, who was Talati -Cum -Mantri and after some conversation, the accused told the complainant to pay Rs.600/ - for making entry. The accused also told the complainant that first the complainant had to pay Rs.600/ - then the entry would be mutated in the records. The complainant did not give such amount to the accused, therefore, he approached the ACB Office, Godhra. 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 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 and Section 161 of the Indian Penal Code against the accused.

(3.) TO prove the case against the present accused, the prosecution has produced several documentary evidence and examined witnesses like P.W.1 Hirabhai Nanabhai Suthariya at Exhibit 8, P.W.2 Pahadsing Virsingh Bariya, Peon of RTO office at Exhibit 11, P.W 3 Udesingh Jakhnabhai, Panch, at Exhibit 12, P.W 4 Virsingbhia Vashnabhai Nalvalaya, at Exhibit 14, P.W.5 Virsing Bhalabhai at Exhibit 16, P.W.6 Ramsinh Balusinh Chauhan at Exhibit 17.