STATE OF GUJARAT Vs. TRIVEDI BHARATKUMAR JAYANTILAL

JUDGEMENT

(1.) This appeal is 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. 19/10/2006, recorded by learned Special Judge, Patan in Special (A.C.B.) Case No.2 of 2003, whereby the learned trial Judge acquitted the respondent - accused of the charges, for the offences punishable under Ss. 7, 12, 13(1) (d) and 13(2) of the Prevention of Corruption Act, 1988 ('the Act' for short).

(2.) Brief facts leading to the prosecution case is that, the complainant Baldevji Sartanji Rajput of village Siddhpur, filed a complaint before ACB Police Station, Mehsana alleging that while he was having his own "fair price shop" at village: Siddhpur, for verification of books as well as relevant records of the shop, respondent-accused demanded Rs.1,000.00 per month as illegal gratification for not raising any queries towards illegalities if any, committed by him. Respondent, at the relevant time was discharging his duties as Dy. Mamlatdar (Supply) in the office of Mamlatdar, Siddhpur. As the complainant was not ready and willing to pay the illegal gratification of Rs.1000.00demanded by respondent - accused, he filed a complaint before ACB Police Station, Mehsana. Pursuant to the complaint, a trap was arranged and during the trap, respondent - accused was caught with illegal gratification from his possession. It was further case of the prosecution that muddamal currency notes were recovered from possession of respondent - accused in presence of independent panchas and thereafter offences under Ss. 7, 12, 13 (1) (d) and 13 (2) of the Act were registered against respondent-accused.

(3.) 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, Patan where the case was registered as Special Corruption Case No.2 of 2003. The trial was initiated against the respondent.