STATE OF GUJARAT Vs. DEEPAK MADHAVRAO CHITNIS

JUDGEMENT

(1.) PRESENT appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973 has been directed against the judgment and order dated 18/02/2000, passed in Special (ACB) Case No. 8 of 1996 by the learned Special Judge (ACB), Nadiad, whereby, the learned Judge was pleased to acquit the respondents herein - original accused from the offences punishable under Sections 120 -B of the Indian Penal Code r/w. Sections 7, 12, 13(1)(D) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) BY order dated 21/06/2001, the present appeal has been admitted.

(3.) BRIEF facts of the prosecution case are that the original complainant - Chandubhai Himatbhai Sodha had taken Rs. 20,000/ - from one Ishwarbhai Motibhai Patel of his village for the purpose of marriage of his sister and mortgaged his land with a condition to give half share of its produces and on a dispute being occurred in the said arrangement, he filed a case before the labour officer. It is the case of the prosecution that the respondent No. 1 herein - original accused No. 1 was handling the proceedings of the said case and for getting the matter in favour of the complainant, the respondent No. 1 herein - original accused No. 1 demanded Rs. 2,000/ - from the complainant, which was then decided to be given to the said accused in installments of Rs. 500/ - each as the complainant was not having that much amount. Accordingly, for the said alleged demand, the complainant had registered the complaint with the ACB, Nadiad. The complaint was registered against the respondent No. 1 and after following due procedure a trap was laid on 08/01/1996, which was failed as the respondent No. 1 herein - accused No. 1 denied to take the money as the complainant was accompanied with another person. However, on again demanding the money by the respondent No. 1 herein - original accused No. 1, the complainant again approached the ACB, Nadiad and on 05/02/1996 and once again the trap was planned, which was succeeded. The respondent No. 1 herein - original accused No. 1, in collusion with the respondent No. 2 herein - original accused No. 2 had accepted the said amount of illegal gratification and thus, the complaint for the alleged offences has been registered against the present respondents - original accused.