STATE OF GUJARAT Vs. VIRABHAI DADUBHAI LIKHEDA

JUDGEMENT

(1.) The present appeal, under Section 378 (1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 27.5.2003 passed by the learned Special Fast Track Judge, Amreli, in Special Case No.47 of 1996, whereby the accused has been acquitted from the charges leveled against him.

(2.) The brief facts of the prosecution case are such that the complainant Mr. J.G. Chavda, P.I., ACB office, Amreli, received authentic information that the police and RTO staff are collecting entry fees from the vehicles like truck, loading rickshaw, luxury bus, shuttle rickshaw and heavy trucks passing on the road between Khambha, Chalala, Amreli, Lathi and Chanvad. Therefore, the complainant arranged decoy trap and on success of trap, the complaint was filed against the accused and after investigation, charge-sheet was filed against the accused. As such the accused as a public servant demanded and accepted illegal gratification and thereby committed offence under Sections 7, 13(1)(gh) and 13(2) of the Prevention of Corruption Act, 1947. Thereafter, charge was framed and the accused pleaded not guilty and claimed to be tried.

(3.) Being aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.