STATE OF GUJARAT Vs. DINESHCHANDRA BHAISHANKER RAVAL

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. 14/12/2005, recorded by learned Special Judge & Presiding Officer, Fast Track Court No.4, Morbi in Special (A.C.B.) Case No.3 of 1997, whereby the learned Special Judge acquitted the respondent-accused of the charges for the offences punishable under Sec. 7 , 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 - Kanjibhai Hirabahi Chavda wanted to convert his old tenure agricultural land into new tenure land. At the relevant time, the complainant was possessing the land having old tenure and for the purposes of converting the same into new tenure, he had made an application to the Office of respondent-accused, who was, working as Talati-cum-Mantri at Paneli - Gidach (group) Gram Panchayat, Taluka-Morbi, Dist- Rajkot. It was case in the complaint that for conversion of said land into new tenure, the respondent-accused demanded illegal gratification of Rs.30,000.00 and for which Rs.10,000.00 was paid earlier and the remaining Rs.20,000.00 was to be paid subsequently in equal installments. The complainant had stated in his complaint that as he did not want to pay the said balance amount, he approached the Office of Anti-Corruption Bureau against respondent -accused for the demand of illegal gratification. Pursuant to the complaint, a trap was arranged and, in the trap, the respondent-accused was caught along with tainted currency notes of Rs.10,000.00 and thereby offence punishable under Ss. 7 , 13(1)(D) read with 13(2) of the Act 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 & Presiding Officer, Fast Track Court No.4, Morbi, where the case was registered as Special (A.C.B.) Case No.3 of 1997. The trial was initiated against the respondent.

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