STATE OF GUJARAT Vs. HARISINH SOLANKI

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 30.5.1996 rendered by the learned Special Judge, Ahmedabad, in Special Case No.17 of 1989. The said case was registered against the present respondents original accused for the offence under Sections 7, 12, 13(1) (c) 1, 2, 3, read with Section 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case that, on 24.10.1988, at 5:00 O'clock in the evening the complainant went to Unava Police Station to meet Shri Rav, but Shri Rav did not meet him then he met accused No.1 and accused No.3, at that time accused No.3 asked that what have you done for Shri Rav's talk. The complainant told him tell me clear that what amount do you want to take. The accused Jagatsinh told that we are three persons so you have to give Rs.500/. The complainant told that this case is of Chanasma and you have not to do anything so reduce the amount. At that time, accused No.3 told that nobody will harass Karansinh any more. The accused No.3 told the complainant to give money on 25.10.1988 at Unava Police Station in between 7:30 to 8:00 O'clock. The accused No.1 demanded and accepted Rs.300/ from the complainant on that day. The complainant lodged the complaint before the ACB. 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.) AT the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Judge vide impugned Judgment, acquitted the respondents accused.