STATE OF GUJARAT Vs. KALUSINH SHIVSINH RAHEVAR

JUDGEMENT

(1.) The present Criminal Appeal is directed against the impugned judgment and order rendered in Special Case No. 2 of 1995 by the learned Additional District and Sessions Judge, Himmatnagar dated 25.6.1999 recording acquittal of the Respondent/Original Accused for the alleged charges of offence under the Prevention of Corruption Act on the grounds stated in the present Appeal.

(2.) The facts of the case briefly summarized are as follows : -

(3.) The genesis or the background of the case as revealed from the prosecution case is that one Prithvisinh Sursinh Jhala of Raigadh is serving in the school as a teacher and his matrimonial uncle Abhaysinh Bapusinh Mackwana has a dispute with regard to the land with Vaktusinh @ Vijaysinh Javansinh of village Vasna, which has resulted in altercation, for which the FIR was registered with Gambhoi police Station. The arrest were made of the persons of both the sides. The Respondent -accused, is said to have been working as a writer of the police Sub -Inspector, and when the complainant party had gone to Gambhoi police Station, the Respondent -Accused is said to have made a demand for illicit gratification/bribe for making the case weak against the complainant party. The Respondent accused is also said to have made an arrangement of meeting, and ultimately, settled for a bribe of Rs.1400/ -, and out of this amount, Rs.500/ - was accepted on the same day. Thereafter, the complainant and the maternal uncle Abhaysinh had gone to Ambika hotel at Gambhoi. They had met the accused, and the accused is said to have asked them to make the payment of remaining nine hundred rupees on the next day, i.e. on 11.11.1994 at the same hotel Ambika between 9:00 to 10:00 AM. However, the complainant did not desire to pay such illegal gratification/bribe. He lodged the complaint with the ACB, on the basis of which, a trap was arranged, and on the next day, when the accused had met the complainant at the same place, i.e. Ambika Hotel offering an amount of Rs.900/ -, the respondent accused accepted the said amount, and the tainted currency notes were recovered from the respondent accused.