STATE OF GUJARAT Vs. HEMENDRA AMRUTLAL JOSHI

JUDGEMENT

(1.) THE present appeal is directed against the impugned judgment and order in Special Case No. 3/91 passed by the learned Special Judge (Fast Track Court), Kutch at Bhuj dated 1.4.2004 recording acquittal of the accused for the offences under the Prevention of Corruption Act.

(2.) THE facts of the case briefly summarised are that the complainant who is a trader of woods had brought some wood from the 'vandi' where he was asked to cut woods. It is the case of the prosecution that the complainant was not given his remuneration or labour charge for the work of wood cutting by one Davebhai and the present accused. It was understood that the complainant would be given 20 kg. wood towards his labour of wood cutting and he had brought it. However, the respondent accused had asked the complainant that though he has brought the wood, on whose instruction he has brought the wood and it was also conveyed that Shri Dave had not asked him to take away the wood and therefore he should send it back. The complainant is said to have sent the wood back. At that time the respondent accused is said to have asked the complainant that the wood which is returned is less and he would lodge a case against him for which a demand of bribe of Rs. 100 was asked. Thereupon, the complainant lodged a complaint with ACB Kutch -Bhuj on the basis of which a trap was arranged culminating into the aforesaid Special Case No. 3/91.

(3.) THE learned Special Judge, after recording the evidence of the prosecution witnesses and the statement of the accused under sec. 313 of CrPC and also after haring the learned APP as well as the learned advocate for the defence, on appreciation of the material and evidence, recorded the acquittal of the accused. It is this judgment and order which has been assailed in the present appeal on the grounds stated in the appeal.