STATE OF GUJARAT Vs. RAJENDRA DHANJIBHAI BAROT

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 19.11.1997 passed by the learned Special Judge, Bhavnagar, in Special Case No. 11 of 1994, where by 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 unarmed Police Constable at Botad Police Station. On the basis of information received by the P.I. Shri Dodiya, working at ACB Office, the trap was arranged and near Keriyadhal situated on Bhavnagar to Ahmedabad high way, the accused was caught by taking bribe under the pretext of entry fees. Therefore, the complaint for the offences punishable under Sections 13(1) (d) read with 13(2) of the Prevention of Corruption Act against the appellant along with other accused persons.

(3.) To prove the case against the present accused, the prosecution has produced several documentary evidence and examined witnesses like P.W. 1 Satarbhai Hsambhai Jethva at Exhibit 9, P.W. 2 Rambhai Ukabhai Memriya at Exhibit 13, P.W. 3 Dhirendrasinh Lakhaji Dodiya at Exhibit 40.