STATE OF GUJARAT Vs. JAWANSINH BADAJI VAGHELA

JUDGEMENT

(1.) The appellant - State has preferred this appeal under Sec. 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dtd. 16/6/2006 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur (hereinafter be referred to as "the Trial Court") in Special Case No.80 of 2005, whereby the learned Special Judge, has acquitted the accused from the offences punishable under Ss. 7, 13(1)(d) (1)(2)(3) and 13 (2) of the Prevention of Corruption Act (hereinafter be referred to as "the Act").

(2.) Brief facts of the prosecution case is that the complainant Vasudev Purshotamdas Modh's has lodged the complaint before the A.C.B. Police Station, Banaskantha to the effect that he put tender of Rs.3,44,586.73 paise for decoration work of Ambaji Fair which was held on "Bhadarvi Poonam 2004" before the Taluka Panchayat, Danta and after examining the tender, the Taluka Panchayat Office approved the tender for an amount of Rs.3,12,201.80 paise. It is the case of the prosecution that the respondent - accused, who was serving as In-charge Taluka Development Officer, Danta, demanded illegal gratification of Rs.50,000.00 for passing the tender of the complainant, which was to be paid on 1/11/2004 at Taluka Panchayat Office, Palanpur. It is alleged that as the complainant was not willing to give the bribe amount, he, therefore, contacted Police Inspector, Banaskantha A.C.B. Police Station and lodged the complaint.

(3.) Being aggrieved and dissatisfied with the impugned judgment and order of acquittal, the appellant - State of Gujarat has preferred the present appeal.