STATE OF GUJARAT Vs. DINESH PRAHLADRAI TRIVEDI

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 28.9.1993 passed by the learned Special Judge, Rajkot, in Special Case No.5 of 1988, whereby the accused has been acquitted from the charges leveled against him.

(2.) AS per the case of the prosecution, the appellant being pubic servant, was serving as Deputy Mamlatdar (Supply). The complainant wanted to start one Oil Mill on rent basis at Virpur and therefore, the complainant approached the accused for granting permission of the said Mill. As per the case of the prosecution, for the said work of the complainant, the accused demanded Rs.3000/ towards illegal gratification. Therefore, the complainant was ready to give Rs.2000/ to the accused. Therefore, the complainant lodged complaint before the ACB Office, Surat, and thereafter, after completing necessary formalities, the trap was arranged and as per the case of the prosecution, the accused demanded and accepted the amount of Rs.2000/ from the complainant. Therefore, the complaint for the offences punishable under Sections 5(2) of the Prevention of Corruption Act and under Section 161 of the Indian Penal Code against the accused.

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order dated 28.9.1993 passed by the Special Court, the appellant State has preferred the present appeal.