STATE OF GUJARAT Vs. RAMESHBHAI RAMDABHAI PATEL

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellantState of Gujarat, under Section 378 of the Cr. P.C., against the Judgment and order dated 04.06.2003 rendered by the learned Joint District Judge and Additional Sessions Judge, Fast Track Court, Bharuch, in Special Corruption Case No.01 of 2000. The said case was registered against the present respondentoriginal 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, one Somabhai Mohanbhai Parmar was staying at village Vejalpur Gamdiavad, Bharuch and was serving as Arms Guard in Central Bank of India. At Ayodhyanagar, Gujarat Housing Board constructed some residences. House No.3110 was alloted to Amrutlal Ambalal Modi, resident of Bharuch but later on the said house purchased by the complainant by way of Power of Attorney. He informed Gujarat Housing Board, Vadodara that he purchased the said house through power of attorney and for the same he deposited Rs.1500/ - to the Gujarat Housing Board, Vadodara and also paid the loan amount. Thereafter, to prepare the document, the complainant requested the office of the Gujarat Housing Board, Vadodara. Therefore, one officer namely Mr.Patelrespondent -accused told the complainant that first of all he would personally come to Bharuch to verify the house. When the respondent -accused visited the house of the complainant, his wife namely Shardaben was only present and therefore, the respondent -accused told her that the complainant should personally visit at the office of Gujarat Housing Board, Vadodara. On 30.08.1999, the complainant went to the office of the Gujarat Housing Board, Vadodara and met respondent -accused but on that also respondent -accused reiterated that he will first look the report and thereafter, the complainant would get the original document of the house. On 31.08.1999, the complainant was again called by the respondent -accused and demanded Rs.1,000/ - as bribe from the complainant to prepare the favourable and proper report. As the complainant did not want to pay the said amount, he approached A.C.B. Office, Bharuch and explained the facts before the Police Inspector, ACB and accordingly, the complaint was registered by Police Inspector, Mr. N. B.Koralwala. Thereafter, the Investigating Officer called two panchs and they were introduced by Mr.Koralwala to complainant. Then, both the panchas were ready to join as panch witnesses in trap. Thereafter, short facts of the case were disclosed by the complainant to the panchas and the kept ready with currency notes of Rs.1000/ - (10 notes of Rs.100/ - ). Thereafter, the anthrecene powder was applied on the trap amount and the said currency notes were inserted into the left pocket of the shirt of the complainant and he was advised not to touch the said amount prior to the demand made by the respondent -accused. Thereafter, details of number of trap amount was reduced to in writing in first part of the panchnama and panchas were also directed to join them. Panch No.1 was advised to go with the complainant and panch No.2 was advised to stay with the members of raiding party. Thereafter, first part of the panchnama was drawn. Thereafter, as per the say of the complainant, all the members of raiding party went to the house of the complainant where the complainant was advised to talk with the respondent -accused with regards to documents and at the event of demand of Rs.1,000/ - , he had to handover the trap amount to the respondent -accused and panch No.1 was advised to listen every talk between the complainant and the respondent -accused.

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