STATE OF GUJARAT Vs. NARENDRASINH GAJARAJSINH JADEJA

JUDGEMENT

(1.) The present appeal is filed by the appellant-Stateunder section 378(1)(3) of the Code of Criminal Procedure, 1973 being aggrieved and dissatisfied with the judgment and order dated 30.09.2000 passed by the learned Special Judge and Sessions Judge, Rajkot, in Special Case No. 17 of 1989, whereby the respondent-original accused has been acquitted of the charges levelled against him under Sections 7, 13,(1)(d), 13(i)(ii) (iii) and Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act' for short).

(2.) Short facts of the case are that the respondent-accused was working as Unarmed Police Constable during the period 06.03.1989 to 07.03.1989 at Rajkot City 'B' Division Police Station. On 06.03.1989, when the complainantKamalsinh Lalsinh Jetavat and his friends were returning after attending a Bhajan at Ramnath Ghat, the respondent-accused stopped them, asked abusive question, beat them and demanded illegal gratification of Rs.100/- for not taking any action against them. As the complainant did not want to give the said amount of illegal gratification, he approached ACB, Rajkot and police arranged a trap. On 07.03.1989, at night when the respondent-accused accepted the illegal gratification from the complainant, he was caught redhanded and was arrested by lodging complaint for the offences punishable under Sections 7, 13,(1)(d), 13(i)(ii)(iii) and Section 13(2) of the Act.

(3.) Heard Mr.K.L.Pandya, learned Additional Public Prosecutor, for the appellant State and Mr.R.J.Goswami, learned advocate for the respondent originalaccused.