STATE OF GUJARAT Vs. BALVANTSINH BHODUBHAI BARIA

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 15.09.1997 passed by the learned Special Judge, Panchmahals at Godhra, in Special (Corruption) Case No.11 of 1993, whereby the learned Judge has acquitted the respondent accused from the charges levelled against him.

(2.) THE brief facts of the case of prosecution are that complainant Hirabhai Meghabhai, resident of Village : Methan, Taluka : Limkheda, District: Panchmahals had 7 acres of land, out of which about 2 acres of land was sold to one Parsing Narsing by Motibhai, the brother of the complainant Hirabhai, before about 10 years. Since then, the said piece of land is cultivated by said Parsing Narsing. The complainant had an impression that the land handed over to the said Parsing Narsing was having area more than 2 acres and, therefore, since last three years, some arguments regarding measurement thereof was taking place, but said Parsing Narsing did not show any inclination to do so and therefore the complainant had told his son Laxman to cultivate the excess land resulting into the complaint filed by Parsing Narsing in Randhikpur Outpost against the complainant and his son. It is alleged in the complaint that the accused who was serving as Head Constable in Randhikpur outpost, had called him and his son on last Tuestday (before the date of complaint 19.10.1992) and had made them to sit in the outpost. The accused also threatened them that there is evidence that the land was sold by them and therefore they would have to go in jail and that he would not release them. The complainant had requested the accused who demanded an amount of Rs.500/ - from him. It is also alleged in the complaint that he apprehended that the accused would imprison them on the same day and therefore, he gave Rs.400/ - to the accused and some writings were prepared and thereafter they were released. It is also alleged in the complaint that the accused had told to give the remaining amount of Rs.100/ - within one week and only on payment of that amount, everything will be over. It was apprehended by the complainant that if he would not pay the remaining amount of Rs.100/ -, the accused would harass him again. 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 Sections 7 and 13 (1) (d) read with section 13(2) of the Prevention of Corruption Act, 1947 against the accused before the A.C.B Office, Godhra on 19.10.1992.

(3.) THEREAFTER , the concerned officer, after completing the necessary procedure arranged the trap. The raid was carried out and the respondent accused was caught red -handed. After completion of investigation, the charge -sheet is filed. Thereafter, the charge was framed against the respondent accused. The respondent accused pleaded not guilty to the charge and claimed to be tried.