STATE OF GUJARAT Vs. BHARAT SANKLESHWAR VYAS

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 22.10.2003 passed by the learned Additional Special Judge, Sabarkantha at Himmatnagar, in Special Case No.3 of 1991, whereby the accused have been acquitted from the charges leveled against them.

(2.) THE brief facts of the prosecution case are such that by raising allegations for the offence under Sections 7, 12, 13(1) (d) and 13(2) of the Prevention of Corruption Act are levelled against the accused that the complainant had the contract for construction of rooms for Malpur Taluka Panchayat School and small bridges on the roads and the amount of the contract was to be paid by the Construction Department of the Taluka Panchayat, Malpur. The work of preparing of the bill for the contract was being prepared by the clerk and supervisor i.e. accused Nos.1 and 2 respectively. As per the case of the prosecution, the bills for the work, were not prepared for full amount and same were prepared in piece mill. It is alleged that in respect of bills of village Ambava, the accused demanded an amount of Rs.825/ - and same was ultimately fixed at Rs.400/ - from the complainant and same was paid for encashment of cheque of Rs.11,921/ -. The complainant did not want to pay said amount and therefore, he filed complaint with the ACB office, Himmatnagar. The ACB office thereafter, arranged trap and on success of trap, offence was registered as alleged against the accused and charge -sheet was filed.

(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.