STATE OF GUJARAT Vs. BALVANTBHAI KACHARABHAI PATEL

JUDGEMENT

(1.) THE present appeal, under Section 378 (1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 6.12.2000 passed by the learned Special Judge, Vadodara, in Special Case No.27 of 1993, whereby the accused have been acquitted from the charges leveled against them.

(2.) THE brief facts of the prosecution case are such that the complainant Ganpatbhai T. Bhil was Dy. Secretary of Gujarat High Secondary Education Board, Examination Department, Vadodara and he filed compliant against six accused present respondents before Padra Police Station on the ground that the accused persons were appointed to take physical examination (New SSS) at Padra Center from 1.4.1991 to 4.4.1991. The examination was taken and sent mark -sheet of the students to the Gujarat Secondary Education Board Center. In the said mark -sheets, the previous marks were amended by way of erasures. As per the say of the complainant, the accused had taken money from the parents of the students through the students. The accused confessed the offence in writing and deposited the amount taken by them by demand draft in the Board. Therefore, the accused were arrested. As such the accused as a public servants demanded and accepted illegal gratification and thereby committed offence under Sections 7, 8 and 13 of the Prevention of Corruption Act, 1947 and Section 420, 406 and 468 and 161 of the Indian Penal Code. Chargesheet was filed against the accused persons. Thereafter, charge was framed and the accused pleaded not guilty and claimed to be tried.

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.