STATE OF GUJARAT Vs. SOMAJI GORJI TAVIYAD

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 6.1.1997 rendered by the learned Special Judge and Additional Sessions Judge, Kheda at Nadiad in Special Case No.10 of 1993. The said case was registered against the present respondents original accused for the offence under Sections 7, 12, 13(2) read with Section 13(1)d) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case that, the complainant Kashibhai Bakorbhai Valmiki was resident of Tarapur, Taluka : Khambhat who was raided by the accused No.2 Kantibhai and the case pertaining to illicit liquor was registered against him. As the complainant was involved in the offences for the various provisions of the Prohibition Act, he was brought to the police station and thereafter on 19.9.1992 he was released on bail. It is also the case of the prosecution that accused No.2 Kantibhai told the complainant that his motherinlaw Dahiben is also involved in the case. The accused No.2 Kantibhai and another Head Constable brought him to the police station at about 10:00 hours in the night and he was released on bail. W hile releasing him on bail both the accused Somabhai and Kantibhai brought him to corner and asked him that he has released him on bail but he has to pay Rs.150/on 21.9.1992 between 13:30 to 15:30 hours at the police station for motive or reward for releasing on bail. Kantibhai further told him that his finger prints were also required to be taken and threatened him that if the complainant would not satisfy the demand then he alongwith his motherinlaw Dahiben shall be dealt with seriously. The complainant lodged the complaint before the ACB. After completing necessary formalities the raid was carried out, statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.

(3.) ON the basis of above allegations, charge was framed, readover and explained to the accused persons for the offence punishable under Sections 7, 12, 13(1)(g) 1, 2, 3 read with Section 13(2) of the P.C.Act. The accused pleaded not guilty to the charge and claimed to be tried.