STATE OF GUJARAT Vs. BABUBHAI PUJABHAI PATEL

JUDGEMENT

(1.) THE present Appeal is directed against the impugned judgment and order in Special (ACB) Case No. 36 of 1999 by the learned Additional City Civil and Sessions Court, Court No.7, Ahmedabad dated 7.10.2002 recording the acquittal for the charges under the Prevention of Corruption Act.

(2.) THE facts of the case briefly summarized are that the complainant, who was working as a Driver in SRP Group, MT Section, had met with an accident, for which the case was pending. The Respondent accused who was working in the same office - SRP Group II as a clerk is said to have called and asked the complainant that he has received a report from the Shahibaug Police Station regarding accident and the complainant has not informed and he should make a report in writing. It was also suggested that he may be suspended or any action may be taken against him. There upon, the complainant is said to have requested to take care. The accused is said to have made a demand of illegal gratification / bribe of Rs.1000/ - for holding back the papers, and for doing this favour of holding back the papers, which may not proceed further, inviting any disciplinary or other action, the demand of Rs.1000/ - was made. The complainant had made the demand of Rs.300/ - and thereafter for the remaining Rs.700/ -, again they met and ultimately it was settled for Rs.500/ -. Thereupon, the complainant lodged the complaint with ACB Ahmedabad and the trap was arranged. On the basis of the trap, the aforesaid Special Case has been registered and the learned Special Judge proceeded with the trial.

(3.) AFTER the recording of the evidence of the prosecution witnesses was over, the learned Judge has recorded the further statement of the accused under Section 313 of the Code of Criminal Procedure and passed the impugned judgment and order recording the acquittal after hearing the learned APP and the learned Advocate for the defence.