STATE OF GUJARAT Vs. GOPALBHAI DEVJIBHAI GAJERA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 25.07.2007, rendered by the learned Second Fast Track Judge and Special Judge, Junagadh, in Special (ACB) Case No.7/1995, whereby the respondent-original accused has been acquitted of the charges under Sections-7, 13(1)(d) and 13 (2) of the Prevention of Corruption Act, 1988.

(2.) The case of the prosecution, based upon the complaint lodged by Mohanbhai Bhimabhai Vaghela on 22.12.1994, is as follows:

(3.) After the recording of the testimonies of the prosecution witnesses was over, the statement of the accused was recorded under Section-313 of the Code of Criminal Procedure, 1973. He pleaded his innocence and gave a written explanation, wherein his defence was that he had never demanded any illegal gratification from the complainant and the amount of Rs.300/- given by the complainant was on account of his unpaid tax dues of Rs.280/-. He has stated that as he was in the process of returning Rs.20/- to the complainant, he was apprehended by the raiding party.