STATE OF GUJARAT Vs. KARSHANBHAI MAGANBHAI CHAUDHARY

JUDGEMENT

(1.) PRESENT application, under section 378(1)(3) of the Code of Criminal Procedure, 1973 (for brevity Cr.P.C.) has been preferred by the applicant appellant - State of Gujarat for Leave to Appeal against the impugned judgment and order dated 22/03/2013, passed in Special ACB Case No. 3 of 2003 by learned Special Judge (ACB) & 6th (Ad -hoc) Additional Sessions Judge, Surat acquitting the respondent herein original accused for the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) FACTS in nutshell of the prosecution case are that the complainant herein received information from reliable source that traffic as well as local police personnel were used to collect Rs.20/ - to Rs.300/ - as bribe under different pretext. Therefore, with the help of punter Khimjibhai Devayatbhai Nandania, the driver of the goods vehicle, he arranged a decoy trap, following all due procedure for the same. It is the case of the prosecution, as decided, the said punter together with Panch No. 1 proceeded in a chhakdo rickshaw loading wooden logs, followed by the other members of the raiding party in a separate vehicle. When they reached near Baroda Pristage, traffic Head Constable Karsanbhai Chaudhary stopped them and asked the punter the driver of the chhakdo rickshaw to pay a fine for unauthorized loading of wooden logs in the same. As per the case of the prosecution, on asking by the driver about the fine amount, said Karsanbhai told him that, if he wants receipt, then he has to pay Rs.75/ - and without receipt, he has to pay Rs.20/ -. The punter the driver of the rickshaw showed his readiness to pay Rs.20/ - and hence, said Karsanbhai told him to pay the said amount to Bharatbhai Dobariya, the original accused No. 2. Accordingly, the punter the driver of the chhakdo rickshaw paid the said amount to Bharatbhai and thereafter, gave signal to the raiding party, as decided. The raiding party reached there and seized the said amount of Rs.20/ - from him and accordingly, the alleged offence was committed by the respondent along with original accused No. 2 for which the complaint had been registered against them.

(3.) IN support of its case, the prosecution has recorded statements of witnesses and collected several documentary evidence and after having found sufficient evidence and material against the accused, they came to be arrested and chargesheeted for the alleged offence.