STATE OF GUJARAT Vs. PRAVINSINH TAPUBHA JADEJA

JUDGEMENT

(1.) THE present application has been preferred by the applicantState of Gujarat, with a prayer to grant leave to appeal against the judgment and order dated 21.07.2012, passed by the learned Additional Sessions Judge, Gondal, in Special Sessions Case No.7/1996, whereby the respondentoriginal accused has been acquitted of the charges under Sections7 and 13(2) of the Prevention of Corruption Act, 1988.

(2.) BRIEFLY stated, the case of the prosecution, based upon the complaint dated 11.08.1995, made by Pravinbhai Parshotambhai Patel, is as follows: 2.1 The complainant was engaged in the business of driving a Matador, at the relevant point of time. He used to transport wheat and other foodgrains of traders and farmers to the Gondal Marketing Yard. As per the say of the complainant, a policeman named P.T.Jadeja (the accused), working in Gondal Taluka Police Station, used to stop the Matador of the complainant and ask for Rs.300/ as 'Hapta' (illegal gratification), every month. He used to threaten the complainant that his vehicle would be confiscated unless the money was paid. In the month of April, the accused met the complainant at the Octroi Post on the Gondal Road and demanded an amount of Rs.300/. At that time, the Cleaner of the Matador, Kalabhai (PW 4), and Rasikbhai (PW3), were accompanying the complainant. The complainant gave the accused an amount of Rs.300/ in their presence. It is further the case of the prosecution that on 11.08.1995, the complainant was driving his Matador loaded with wheat belonging to Rasikbhai Patel (PW3), from village Derdi to the Gondal Marketing Yard, at about 7.00 Hours. The accused, who was wearing ordinary clothes, stopped the Matador near Sandhiya Bridge by making a sign and told the complainant that he had not paid the 'Hapta' for the past five months and that an amount of Rs.700/ was due to be paid to him. The accused demanded this amount be paid immediately. The complainant told the accused that he was not carrying so much money with him. The accused is stated to have abused the complainant, upon which the complainant gave an amount of Rs.450/ to the accused. The accused told the complainant to give the remaining amount of Rs.250/ later on. Thereafter, the accused went away after taking Rs.450/ from the complainant. After delivering the wheat at the Gondal Marketing Yard, the complainant went to Jetpur and spoke to a Minister, Shri Savjibhai Korat, who told the complainant to go to the Office of the District Superintendent of Police. The complainant, therefore, went to the office of the Anti Corruption Bureau, Rajkot, and filed the complaint.

(3.) THE charge was framed at Exhibit19, under Sections7 and 13(2) of the Prevention of Corruption Act, 1988 ("the Act", for short), which was read over and explained to the accused. He denied his guilt by way of his statement at Exhibit20.