STATE OF GUJARAT Vs. VISHNUBHAI GANDABHAI PRAJAPATI

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 20.02.2003 rendered by the learned Special Judge, Gandhinagar, in Special Case No.31 of 1997. The said case was registered against the present respondent -original accused for the offence under Sections 7, 13(1)(d)(i)(ii)(iii) and 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the respondentaccused was working as a Clerk in the office of the Deputy Executive Engineer, Patnagar Youjna, Gandhingar for the last seven years and he was looking after the work of getting advances to the employee. The complainant was also working in the same Department as a Clerk and he wanted to take advance to purchase a scooter. Therefore, the complainant approached the respondent -accused for this purpose. The respondent -accused told the complaint to submit five xerox copies of the quotation and pay -slips alongwith Rs.100/ - and thereby, respondent -accused demanded a illegal gratification from the complainant. As the complainant did not want to pay the said bribe amount, he approached ACB office. As a result of which, a complaint was filed by the complainant before the respondent -accused for the offences punishable under Sections 7, 13(1)(d)(i)(ii)(iii) and 13(2) of the Prevention of Corruption Act. Thereafter, two panchas were called and anthrecene powder was applied on trap amount which was produced by the complainant and used of the ultra violate lamp was explained by the Trapping Officer to the panchas and the complainant. The trap amount was inserted into the pocket of the complainant and he was advised not to touch that amount before demand made by the respondent -accused. Thereafter, first part of the panchnama was prepared and members of raiding party alongwith pachas went to the place of respondent -accused, investigation was carried out and statements of witnesses, where the respondent -accused demanded Rs.100/ -and the said trap amount was given to the respondent -accused. Then, signal was given and the Trapping Officer and members of raiding party rushed to the place of incident and the said amount was recovered from the possession of the respondent -accused and presence of anthrecene powder was also found from the palm, figures and tips of the respondent -accused. Thereafter,second part of the panchanama was drawn. Muddamal was recovered and statement of the witnesses were also recorded. Thereafter, the respondent -accused was also arrested for the said alleged offences. Necessary sanction was also obtained from the Competent Authority and in result of that, charge -sheet was filed against the respondent -accused before the Special Judge, Gandhinagar, which was registered as Special Case No.31 of 1997.

(3.) ON the basis of above allegations, charge was framed vide Exh.5 and read -over and explained to the accused for the offence punishable under Sections 7, 13(1)(d)(i)(ii)(iii) 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.