STATE OF GUJARAT Vs. KANAK KISHOR CHHAGANLAL TRIVEDI

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 ("The Code" for short) against the judgment and order of acquittal dtd. 12/4/2006, recorded by the learned Special Judge, Kachchh at Bhuj, in Special Case No.46 of 1992, whereby the learned trial Court acquitted the respondent - accused from the charges for the offences punishable under Ss. 7 , 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 ('the Act' for short).

(2.) The case of the prosecution as unfolded before the learned trial Court is such that the complainant was having agricultural field admeasuring about four acres in the name of his father at village- Vandh, which was also known as 'Gogai'. The said land was to be transferred in the name of the complainant and therefore, the father of the complainant had given an application for transfer of the said field in the name of the respondent - accused. It was case of the prosecution that for registering the name of the complainant, the respondent demanded illegal gratification of Rs.400.00. As the complainant was not ready and willing to pay the amount as demanded by the respondent - accused, he approached P.I. of ACB Kachchh- Bhuj, pursuant to which a trap was arranged and in the trap arranged the respondent - accused was found guilty of the alleged offence punishable under Ss. 7 , 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act. The case was registered against the respondent - accused.

(3.) Necessary investigation was carried out and statements of several witnesses were recorded. Ultimately charge sheet came to be filed and submitted before the learned Special Judge and the case was registered as Special Case No. 46 of 1992. The trial was initiated against the respondent.