STATE OF GUJARAT Vs. RAJENDRAKUMAR SHANTILAL VANKANI

JUDGEMENT

(1.) THE present appeal, under Section 378 (1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 7.10.2004 passed by the learned Additional Sessions Judge & Fast Track Court Judge, Court No.4, Jamnagar, in Special Case No.8 of 2001, whereby the accused has been acquitted from the charges leveled against him.

(2.) THE brief facts of the prosecution case are such that by raising allegations for the offence under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act are levelled against the accused that on 13.7.2001, the accused was serving as Talati -Cum -Secretary at Village : Neghadi. The complainant namely Mr. Menashibhai Sajanbhai Dandar, who is Orthopedic Doctor, running his private hospital at Jamnagar and he had purchased agricultural land bearing Survey No.162 situated at village : Neghadi, from one Gulabchand Ranmal Shah worth Rs.2,25,000/ -. For that land, he made one application on 11.7.2001 for entering his name as he purchased said land, before the office of Mamlatdar, Jamnagar. The Mamlatdar at that time told the complainant to approach the Talati of village : Neghadi, who is accused in this case. Therefore, the complainant talked on telephone to the accused about the entry in the record. The accused answered the complainant for doing such work and the complainant has to understand with him and for the same, the complainant gave consent. Thereafter, the complainant requested his relative namely Vajabhai, who is resident of said village Neghadi, to recommend the accused for making entry in the records. On 13.7.2001, the said Vajabhai and accused went to the hospital of the complainant and in the presence of the complainant at the hospital, said Vajabhai requested the accused to do the work of the complainant. Therefore, the accused said that normally he is collecting one percentage of purchase amount so the complainant has to pay Rs.21,000/ - and therefore, said Vajabhai said that the amount is too much. The complainant also said that in the past, he has purchased so many pieces of lands and he had never paid any money to anybody and thereafter, he showed his readiness to give Rs.5000/ -. So the accused told that the complainant has to pay Rs.15,000/ - and for that amount, the complainant showed his inability. The accused also said to make entry, he has to prepare so many records, so the complainant has to give some amount and also told the complainant to pay Rs.12,551/ - to him. So, the complainant said that he would give the amount after completion of work. The accused at that time, said that he is in need of money to pay fees for his children and so he told the complainant to give Rs.1000/ -. So, the complainant told him to sit in the waiting room of the hospital and he would bring the money from his house. The complainant did not want to give said amount of bribe to the accused and therefore, he approached ACB office immediately and met P.I. Shri Vyas of ACB office and given complaint to him. On the basis of said complaint, a trap was arranged immediately and two panchas were also called immediately. The complaint was read over to the panchas and thereafter, the complainant handed over Rs.1000/ - to said Shri Vyas in presence of two panchas. Thereafter, necessary experiment of anthracene powder along with ultra violate lamp was carried out on currency notes in the presence of complainant, panchas and staff of the ACB. After preparing first part of panchnama at the office of ACB, the panch No.1 Bipin Babulal Dhrulal and panch No.2 Chandubhai Dharmshi along with P.I. Shri Vyas and staff of ACB as well as the complainant went to the hospital. Thereafter, the complainant along with panch No.1 had gone into the chamber of the complainant and rest of the members of the raiding party and panch No.2 were scattered in the operation room and they were in watch. Thereafter, in the chamber of the complainant, the accused demanded and accepted Rs.1000/ - and placed into pocket in the presence of panch No.1, from the complainant. Thereafter, the members of raiding party rushed to the spot and thereby caught the accused in the trap. At that time, the P.I. Shri Vyas asked the panch No.1 as to where the amount of bribe has been kept by the accused and panch No.1 told that the accused demanded and accepted the bribe amount of Rs.1000/ - from the complainant and the accused kept the same in his left pocket of shirt. On search of that amount of bribe of Rs.1000/ -, spectacle of black glass, ball pen were found. Thereafter, necessary further procedure with regard to search of anthracene powder was carried out and same was found on the hands of the complainant, panch No.2 and accused and thereafter, second part of panchnama was prepared and seizure memo regarding recovery of bribe amount along with other articles was issued to the accused and the accused was arrested for the aforesaid offfence. The signature of the panchas were taken on all the papers.

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.