STATE OF GUJARAT Vs. SOMABHAI GANDABHAI BHOI

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 07.10.1993 passed by the learned Special Judge, Nadiad, in Special Case No.6 of 1990, whereby the learned Judge has acquitted the respondents accused from the charges levelled against them.

(2.) THE brief facts of the case of prosecution are that complainant Rajubhai Rajivbhai Patel lodged a complaint against the respondent - accused on 18.08.1988. According to the prosecution case, the complainant needed some money for purchasing manure and seeds for the purpose of agriculture work. Therefore, the complainant went to the Bank of Baroda at Padaj Village before lodging of the complaint. The complainant informed the Manager and Cashier regarding the loan. They informed the complainant that first he should bring copy of the 7/12 Abstract of the land for the loan amount. Therefore, the complainant met Talati Somabhai Bhoi, the accused No.1 at Village : Padaj and the complainant informed him that he wanted copy of 7/12 Abstract. The said Talati Sombhai told the complainant that he will come after one week for the said documents. It is further alleged that the complainant requested the accused No.1 that now the monsoon season is going on and if the accused No.1 gave the said documents then he would obtain the loan hurriedly for seeds and manure in time. Therefore, the accused No.1 told the complainant that the complainant will have to pay Rs.5/ - per copy and asked the complainant that how many copies the complainant wanted. The complainant told the accused that he wanted 14 copies. Thereupon, accused No.1 told the complainant that he will have to pay Rs.70/ - for the said documents. It is alleged that the complainant, however, was not willing to pay such amount and hence, the complainant lodged complaint against the accused respondents for the offences punishable under Section 161 of I.P. Code and under Section 5(1)(d), 5(2) of the Prevention of Corruption Act, 1947. Therefore, the complaint was lodged against the accused for the offence under Section 161 of I.P. Code and under Section 5(2) of the Prevention of Corruption Act before the A.C.B Office, Nadiad on 18.08.1988.

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