STATE OF GUJARAT Vs. LALJIBHIA NARSIBHAI

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant � original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 24.2.1995 rendered by the learned Special Judge, Jamnagar, in Special Case No.6 of 1987. The said case was registered against the present respondent original accused for the offence under Section 161 of the Indian Penal Code and under Section 5(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case that, the accused was working as Principal in Primary School, at Aher Sihan Village in 1986 as Government servant. The complainant was working as Attendant to lookafter cooking of Madhyahan Bhojan Scheme. There were about 160 to 180 boys present daily, as per the Scheme. The accused was signing in the register to be maintained for the presence. The accused demanded Rs.100/ p.m. for signing in register as bribe from the complainant. The accused told the complainant that if bribe of Rs.100/ p.m. is not given he will show less presence of the children. The complainant lodged the complaint with the A.C.B. After completing necessary formalities the raid was carried out on 3.3.1986 and the accused was caught redhanded accepting the bribe amount of Rs.100/. 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.