STATE OF GUJARAT Vs. BHARATKUMAR RAMESHBHAI (PATEL)

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 14.10.1993 passed by the learned Sessions Judge, Rajkot, in Special Case No.6 of 1988, 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 - Yusuf Ranbhai lodged a complaint against the respondents - accused alleging that the complainant was serving as daily wager (driver) in the office of Rajkot Taluka Mamlatdar in April 1987 and he got salary of Rs.15/ - per day. It is also alleged in the complaint that the respondent had demanded Rs.25/ - as illegal gratification from the complainant for making the bill for the month of March 1987. It is alleged that the complainant, however, was not willing to pay such amount and hence, the complainant lodged complaint against the accused respondent for the offences punishable under Section 161 of I.P. Code and under Section 5(2) of the Prevention of Corruption Act, 1947. Therefore, the complaint was lodged against the accused before the A.C.B Office, Rajkot.

(3.) THEREAFTER , the concerned officer, after completing the necessary procedure arranged the trap. The raid was carried out and the 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. To prove the case against the accused, the prosecution has examined the following witnesses and relied upon certain documents.