STATE OF GUJARAT Vs. MANGUBHAI RANCHHODBHAI BARIA

JUDGEMENT

(1.) This is an appeal at the instance of the State of Gujarat under Sec. 378(1)(3) of the Criminal Procedure Code, 1973 (for short "the Code") against the judgment and order of acquittal dtd. 11/7/2005 passed by the learned Special Judge (Fast Track Court No.3), Jamnagar in Special Case No.14 of 1992, whereby the learned trial judge acquitted the respondents-accused of the charges for the offence punishable under Ss. 7, 12, 13(1)(D)(1)(2)(3) and 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act").

(2.) It is the case of the prosecution that the complainant- Police Inspector of ACB Jamnagar, namely, Shri B.K. Solanki lodged a complaint on 22/10/1992 stating that he received a secret information that on the Jamnagar Victoria Bridge at Jamnagar-Rajkot Highway, the police officials or the employees of the RTO Department were harassing the people by demanding illegal gratification in the form of money as a bribe from the vehicle owners passing through the road as a bribe. Therefore, a decoy trap was arranged by the complainant- Police Inspector as well as the other officials of the ACB, Jamnagar, and during the said trap, the accused persons were caught red handed by the members of the raiding party. Thereafter, on the strength of the said fact, FIR being C.R. No.17 of 1991 came to be lodged against the respondents- accused persons for the aforesaid offences. Pursuant to the registration of the said complaint and after completion of successful trap, the Investigating Agency has recorded statement of the witnesses concerned, drawn necessary Panchnamas and collected all the necessary documentary evidences for the purpose of establishing the guilt of the accused persons and after having found sufficient material against the respondents-accused persons, charge-sheet came to be filed in the court of the learned Special Judge, Jamnagar.

(3.) After completion of recording of evidence on the part of the prosecution, the Special Court put various incriminating circumstances appearing in the evidence to the respondents- accused so as to obtain explanation/answer as provided under Sec. 313 of the Code. In the further statement, the respondents-accused denied all the incriminating circumstances appearing against them as false and further stated that they are innocent and falsely dragged into the offence. After considering and appreciating the materials available on record, the learned Special Judge has passed the order of acquittal. Being aggrieved with the said order of acquittal, the State Government is here before this Court with the present appeal.