STATE OF GUJARAT Vs. DAHYABHAI KALIDAS PARMAR

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat under Sec. 378(3) of Code of Criminal Procedure, 1973 ("The Code" for short) against the judgment and order of acquittal dtd. 19/12/2005, recorded by learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.12, Vadodara in Special (A.C.B.) Case No.14 of 1995, whereby the learned trial Judge acquitted the respondent - accused of the charges for the offences punishable under Ss. 7 , 12 , 13(1) (d) read with 13(2) of the Prevention of Corruption Act , 1988 ('the Act' for short).

(2.) Brief facts leading to prosecution case is that the complainant - Janaksinh Harnarayansinh Rathod is resident of Vadodara and was doing business in the name of Princeraj travels. The mini luxury bus owned by complainant bearing No. GJ-6T-9287, at the relevant time was running within the State of Gujarat on a daily route from Vadodara to Sankheda via Dabhoi. On 30/3/1995, at about 11.30 a.m. the bus of the complainant bearing No. GJ-6T-9287 was going towards Sankheda from Vadodara and was detained by police constable Mr. Dashrathsinh and Mr. Dahyabhai (respondent herein) at Dabhoi Sinor Chowkdi at around 12:00 p.m. noon. It was case of the prosecution that, at the relevant time Mr. Vikramsinh Solanki and Mr. Jayantibhai was driver and conductor respectively of the said bus. Police constable Mr. Dashrathsinh issued a memo to driver Mr. Vikramsinh without any cause and also told driver Mr. Vikramsinh to get an amount of Rs.2,200.00 for plying luxury bus on Dabhoi route. Further, if the owner of the bus is not ready and willing to pay the amount, the said bus was not allowed to be plied on the road and will be detained. The driver Mr. Vikramsinh was also informed to call the owner of the bus and as a consequence Mr. Vikramsinh went to his owner. It was case of the prosecution that pursuant to the above incident, the complainant along with driver Mr. Vikramsinh went to Dabhoi to meet respondent - accused who was police constable at the relevant time. At that time though the amount of Rs.2,200.00 was demanded, the complainant gave Rs.1200.00 and assured to give Rs.1,000.00 on 4/4/1995 at about 4:00 p.m., and on that assurance the luxury bus was released. It was also case of the prosecution that police constable Mr. Dashrathsinh had informed the complainant to give balance amount of Rs.1,000.00 either to him or to Mr. Dahyabhai who is respondent - accused in the present case.

(3.) Upon the receipt of the complaint, the P.I. of ACB, Vadodara (Rural) arranged a trap and during course of trap, an amount of Rs.1,000.00 was recovered from Mr. Dashrathsinh - respondent herein (accused). Therefore, the offence punishable under Ss. 7 , 12 , 13(1) (d) read with 13(2) of the Act was registered against the respondent - accused.