(1.) This is an appeal preferred by the State of Gujarat under Sec. 378 of the Criminal Procedure Code, 1973 against the judgment and order of acquittal dtd. 5/8/2005 recorded by the learned Special Judge, Surendranagar in Special (ACB) Case No.1 of 2002 whereby the learned Trial Judge acquitted the respondents-accused, of the charges for the offence punishable under Ss. 7, 12, 13(1)(d) and 15 of the Prevention of Corruption Act, 1988 (herein after referred to as "the Act").
(2.) Brief facts of the case are that accused No.1 was ASI and accused No.2 was Police Constable at Sara Outpost Police Station, Dist; Surendranagar, at the relevant point of time. The complainant Shri Rupabhai Raval has alleged that a complaint was registered against his son named Laljibhai at Sara Outpost Police Station for offences punishable under Ss. 323 of the Indian Penal Code and Ss. 183 and 184 of the Gujarat Panchayat Act. The said offence was investigated by respondent - accused No.1, wherein it is alleged that accused No.1 had gone to the residence of the Laljibhai to arrest him. Thereafter, in connection with such complaint against his son, complainant met the accused No.1, who asked the complainant to come with Rs.10,000.00 for release of his son. As the complainant was not willing to pay such bribe, he consulted the Police Inspector, ACB, Surendranagar. Accordingly, a trap was arranged and complainant along with his son and a panch went to Sara Police Station, Muli. At that time, accused No.1 demanded an amount of Rs.5000.00 as bribe and asked the complainant to hand over the bribe amount to accused No.2. However, when respondent - accused No.2 was leaving for collecting bribe money, a doubt was raised in the mind of accused No.1 and he immediately called back accused No.2 from collecting bribe money. Therefore, a report with resepect to an attempt to commit an offence was registered under Ss. 7, 12, 13(1) (C) and 15 of the Act.
(3.) After collecting necessary evidence, investigation was carried out and statements of witnesses were recorded and as there was sufficient material available against the respondents - accused, charge-sheet was filed and submitted the same before the learned Special Judge, Surendranagar where the case was registered as Special Case No.1 of 2002. The trial was initiated against the respondents-accused.
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