STATE 0OF GUJARAT Vs. SURYAKANT N UPADHYAY @ PANDYA

JUDGEMENT

(1.) BY way of present appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 21.4.1992 passed by the learned Special Judge, Court No.2, Ahmedabad, in Special Case No.32 of 1989. The said case was registered against the respondent-original accused for the offences punishable under Sections 161 of the Indian Penal Code and under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the accused in his capacity as such Labour Officer visited the site of construction of the complainant at Maninagar about a month prior to the complaint and the site Supervisor Satyanarayan was called and was told that the complainant has indulged in anti-labour activities and hence case will have to be initiated against him. He was also informed by the accused that two labour cases have already been filed against the complainant and he would file a third case. On saying so the complainant told him that if a third case is filed he would be put in trouble. In reply to that the accused told him that he has to understand the situation. The complainant asked as to what he means by "understanding" the accused told him that if sum of Rs.3,000/- is paid to him no further case would be filed against him. The complainant lodged complaint with A.C.B. Office at Ahmedabad. 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 charge-sheet was filed.

(3.) AFTER examining the witnesses, further statement of the respondent-accused under Sec. 313 of Cr. PC was recorded wherein the respondent-accused has denied the case of the prosecution.