STATE OF GUJARAT Vs. RANMALBHAI KACHRABHAI MODHVADIYA

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 13.8.2009 rendered by the learned Special Judge and Presiding Officer, Third Fast Track Court, Junagadh, in Special Case No.7 of 2002. The said case was registered against the present respondent original accused for the offence under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the complainant Anilkumar Khimjibhai Hadvani, resident of Timbavadi, Taluka : Junagadh, is possessing shop of agricultural equipments and agricultural fertilizers running in the name and style of Agro Service Center at Vanthli, which is a Government approved shop. Under the Government Scheme, farmers of Village Vanthli are provided necessary agricultural instrument/equipments and agricultural fertilizers/medicines, the bills of which are being sanctioned by Assessment Agriculture Director, Junagadh. Such as there was bill of the complainant Anilkumar due for an amount of Rs.48,026/and it was pending for verification with accused Ranmalbhai Kachrabhai Modhvadiya of office of Assistant Agricultural Director and District Agriculture Officer, Junagadh. The accused demanded Rs.5,000/from the complainant for such work to be completed. Against that the complainant paid Rs.2500/to the accused on 8.2.2002 and promised that the complainant would give him remaining amount. The complainant approached the A.C.B. Office and lodged complaint about the same. 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 for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. The accused pleaded not guilty to the charge and claimed to be tried.