STATE OF GUJARAT Vs. KARSHANBHAI VAGHJIBHAI VANJA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 03.03.2007 rendered by the learned Presiding Officer, Fast Track Court, Surat, in Special A.C.B. Case No.14 of 2001. The said case was registered against the present respondent -original accused for the offence under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the complainant was land broker and he wanted to know whether the title of land bearing plot No.45 and Survey No.38, situated at Surat Dumas and Udhna Magdalla Road Circle, was clear and marketable. Therefore, he demanded copy of village from No.7/12, 8(A) and 6 from the respondent -accused - Karshanbhai Vaghjibhai Vanja. On 19.09.2001, complainant met respondent -accused at Rundh Gram Panchayat Office, where he demanded of Rs.5,000/ -from the complainant for the said work. At that time, the complaint gave him of Rs.2,000/ -and the respondent accused was ready to give copy of an amount of Rs.2,000/ - out of Rs.5,000/ -. On 23.01.2001, the respondent -accused -Talati Cum Mantri informed the complainant on telephone that copies were ready and for the said work, he demanded of Rs.2,000/ - and called him between 5:00 p.m. to 7:00 p.m, to his house situated at 72, Gayatri Nagar Society, University Road, Surat. As the complainant did not want to pay the said amount, he approached A.C.B. Office, Rajkot and lodged complainant against the respondent -accused bearing registration No.I C.R. No.14 of 2000 for the offenes punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. On receiving the complaint, P.I. Shri Ajabsinh Mulsinh Rathod, arranged a trap at the house of Talati Cum Mantri. Thereafter. two panchas were called by the Trapping Officer and trap amount was produced by the complainant. Then, anthracene powder was applied on the trap amount and uses of anthracene powder and lamp was explained to the panch as well as complainant. The Trapping Officer advised the complainant that not to give the trap amount to anyone, till the demand is made by the respondent -accused and also advised panch No.1 to stay with the complainant and panch No.2 to stay wit the members of raiding party. Thereafter, preliminary panchnama was drawn by Trapping Officer. Thereafter, they went to the house of respondent -accused and the complainant and panch No.1 entered into the house of respondent -accused. After some period, the complainant came out and signal was given to the members of raiding parties and accordingly, raid was carried out the Trapping Officer and muddamal was recovered from the house of the respondent -accused. Then, search was made out by the Trapping Officer to the respondent -accused and receipt of muddamal was issue to the respondentaccused. Second part of the panchnama was drawn by the Trapping Officer. Respondent -accused was arrested by the Trapping Officer. Thereafter, statements of witnesses and panchas were recorded. To prosecute against the respondent -accused, sanction from the competent authority was obtained and later on, charge -sheet was filed against the respondent -accused before the learned Presiding Officer, Fast Track Court, Surat, which was registered as Special (A.C.B.) Case No.14 of 2001.

(3.) ON the basis of above allegations, charge was framed vide Exh.6 and read -over and explained to the accused for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. of the Prevention of Corruption Act. The accused pleaded not guilty to the charge and claimed to be tried.