STATE OF GUJARAT Vs. FARSAHATKHAN FAYAZKHAN

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. 28/2/2005, recorded by learned Special Judge, Fast Track Court, Valsad in Special (A.C.B.) Case No.50 of 2002 (new) (Old Case No. 3 of 2001), whereby the learned trial Judge acquitted the respondent - accused of the charges for the offences punishable under Sec. 7, 13(1) 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 - Karsanbhai Bapujibhai Patel was residing with his two sons at Dulsad, Sindhi Faliya, Tal: District: Valsad and doing labour work. Before one week of filing of present complaint, a fall out took place between the complainant and Mohanbhai Bapujibhai regarding the hand-pump and, therefore, the complaint came to be lodged against Mohanbhai Bapujibhai at Valsad Rural Police Station. At the time of complaint, the respondent - accused was serving as head constable and investigating the complaint filed by the complainant against said Mohanbhai Bapujibhai. In view of the complaint filed by the complainant against Mohanbhai Bapujibhai, a cross complaint came to be filed against the sons of the complainant. It was case of the prosecution that the respondent - accused arrested all the concerned persons who were involved in the fall out which took place in Faliya, and demanded Rs.800.00 as illegal gratification for not bringing them on remand. It was case of the prosecution that the said illegal gratification demanded by respondent - accused was for his personal gain and, for that the complainant gave him Rs.200.00 on that day and balance amount of Rs.600.00 was to be paid to the respondent - accused on a later date. Thereafter, the accused produced all the arrested persons and they all were released on bail from the Court. It was case of the prosecution that despite bail, the accused demanded remaining Rs.600.00 on 29/12/2000 at 12 hours at his office i.e., in Valsad Rural Police Station. As the complainant did not want to pay any further bribe as demanded by respondent - accused, he approached Valsad Anti-Corruption Bureau, P.I. and filed complaint on 27/12/2000. Upon receipt of complaint from the complainant, P.I. of ACB Valsad sent a yadi to Manager of ST Depot, Valsad for sending panch witnesses and a trap was arranged and during the course of trap, the respondent - accused was caught red handed along with tainted currency note of Rs.600.00 and thereby offence punishable under Ss. 7, 13 (1) read with 13(2) of Prevention of Corruption Act, 1988 was registered against the respondent - accused. Necessary investigation was carried out and statements of several witnesses were recorded. During course of investigation the respondent was arrested and thereafter released on bail. Ultimately, charge-sheet was filed before the learned Special Judge, Fast Track Court, Valsad where the case was registered as Special Corruption Case No.50 of 2002. The trial was initiated against the respondent.

(3.) To prove the case against the present respondent - accused, the prosecution has examined in all four witnesses and also produced several documentary evidences.