(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 23.3.2004 rendered by the learned Special Judge and Fast track Court No.6, Jamnagar, in Special Case No.8 of 1999. 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 B.B.Jadeja, who was serving as Police Inspector, A.C.B. Jamnagar, had received information to the effect that in the area between Dhwarka Charakhala Octroinaka and Rukshmani Temple, some police of Dhwarka Police Station were charging the truck drivers amount of Rs.10/to Rs.100/under the threat of filing complaint for overloading the vehicle. After completing necessary formalities the raid was carried out, statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.
(3.) ON the basis of above allegations, charge was framed, 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.