STATE OF GUJARAT Vs. RAMCHANDBHAI GODADBHAI GATHAMANVALA

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 10.05.1994 passed by the learned Special Judge, Palanpur, in Special Case No.16 of 1989, 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 at the relevant time, the accused was serving as a Clerk at R.T.O Check Post, Palanpur. The complaint was received to the effect that at Palanpur Highway Road, R.T.O Check Post and at Amirgadh Check Post, the local police, the traffic police and R.T.O personnel, officers and employees are intercepting the vehicular traffic and under the guise of entry fees, they are taking illegal gratification and bribe from the vehicle occupier and, therefore, to inquire into the matter, the Police Inspector Shri B. R. Patil, A.C.B. (Rural) Ahmedabad along with two panchas started joining by Matador No.GUT -4200 along with the driver Premchand Ayodhyaprasad Pande, on 19.10.1985 at about 2.45. They reached R.T.O. Check Post at Palanpur. The office peon Mogha Dana Solanki of R.T.O. Check Post had given guidance to stop the vehicle and, therefore, the driver Premchand Pande had taken the vehicle to the window of the Check Post room and the accused had demanded Rs.50/ - for excess passengers. The driver had given Rs.50/ - containing two notes of Rs.20/ - and one note of Rs.10/ - containing anthrance powder. The said bribe amount was accepted by the accused and, therefore, the accused was caught red handed.

(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.