STATE OF GUJARAT Vs. YUNUSBHAI MOHAMADBHAI MANSURI

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 20.4.1998 rendered by the learned Special Judge, Surat, in Special Case No.7 of 1994. THE said case was registered against the present respondent original accused for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, on 30.4.1993, the accused was working as Mamlatdar, Nizar Taluka. The complainant Narsinhbhai T. Patel had given an application for permission to cut Arun tree situated in Survey No.426. On 20.5.1993, the accused came for visit at site and met the complainant and demanded Rs.500/ as illegal gratification in addition to regular charges. The complainant requested to reduce the amount as he is poor, therefore the amount was reduced to Rs.200/ and the accused told the complainant to come and give Rs.200/ at the office on 26.5.1993 in between 3:00 to 6:00 p.m. The complainant approached the A.C.B. Office and lodged complaint about the same. 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.) HEARD Mr.L.B.Dabhi, learned APP for the appellant � State. He has read contents of the complaint and the panchnama and contended that from the complaint and oral evidence, prosecution has proved contents of the panchnama. He has contended that in connection of the demand made by the respondent to the complainant, the complainant approached investigating agency and then preliminary panchnama was carried out in presence of panchas and that contention is proved through oral version of the prosecution witnesses.