STATE OF GUJARAT Vs. RAJENDRASINH ANUDJI VAGHELA

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 20.11.2003 rendered by the learned Special Judge, (A.C.B.) Court No.2, Ahmedabad, in Special Case No.15 of 1999. The said case was registered against the present respondents original accused for the offence under Sections 7, 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the complainant Dashrathbhai gave the complaint to the Police Inspector, ACB, Ahmedabad, and on the strength of the complaint, the raid was carried out. The accused No.1 by misusing his position as a public servant, demanded Rs.270/from the complainant on 11.01.1999 for the purpose of plying jeep in Ahmedabad and the license of the complainant was seized. The accused No.1 has, thus, after demanding the said amount on 11.01.1999 accepted the same from the complainant on 13.01.1999 through accused No.2 and thus accused Nos.1 and 2 both have committed offence punishable under Section 7 of the Prevention of Corruption Act. The accused No.1 by misusing his position had demanded an illegal gratification of Rs.270/from the complainant Dashrathbhai through accused No.2 and thus both the accused have committed an offence punishable under Section 13 of the Prevention of Corruption Act.

(3.) THEREAFTER , after filing closing pursis by the prosecution, further statements of accused persons under Section 313 of the Code of Criminal Procedure, 1973 was recorded. The accused persons have denied the case of the prosecution and submitted that a false case is filed against them.