STATE OF GUJARAT Vs. ADBULLKAIYUM GAFURBHAI SHAIKH

JUDGEMENT

(1.) THE Present Criminal Appeal under Section 378 (1)(3) of the Code of Criminal Procedure is directed against the impugned judgment and order passed in Special (ACB) Case No.13 of 1996 by the learned Special Judge and Additional Session Judge, Kheda at Nadiad on 10.01.2000 recording acquittal of the respondentoriginal accused for the alleged offences punishable under the Prevention of Corruption Act (hereinafter referred to as 'the Act'), recording reasons for the same.

(2.) THE facts of the case briefly summarized are that the complainant was having an agriculture land held jointly with the parents and the uncle. On demise of the father, the complainant desired to have mutation of the entry and also wanted to transfer the house in the name of the mother. He, therefore, approached the respondent, who was working as the Talati. The respondentoriginal accused is said to have stated to the complainant that he will do his work, but he will have to bear the expenses for the said work. As per the prosecution case, on 16.02.1996, the complainant had visited the office of the accused and the accused is said to have demanded money. Thereupon, the complainant is said to have inquired and the accused is said to have stated that if desires work is to be done, then he will have to pay Rs.1,000/.

(3.) IN order to bring home the charges leveled against the accused person, the prosecution examined the witnesses including the complainant and other witnesses. After recording of the evidence of the prosecution witnesses was over, the statement of the accused under sec. 313 of CrPC was recorded. After hearing the learned APP as well as the learned advocate for the respondent accused, the learned Special Judge, Kheda at Nadiad as stated above, recorded acquittal on appreciation of evidence and material. It is this judgment and order which has been assailed by the appellantState on the grounds stated in the appeal.