STATE OF GUJARAT Vs. ALARAKHBHAI SUVALIBHAI MAKWANA

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dtd. 25/11/2004 passed by the learned Special Judge, Fast Track Court No.2, Bhavnagar (herein after referred to as 'the learned Trial Court') in Special (ACB) Case No. 6 of 1997, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Ss. 13(1)(d) and 13(2) of the Prevention of Corruption Act. The respondent is hereinafter referred to as 'the accused' as he stood in the original case, for the sake of convenience, clarity and brevity.

(2.) The brief facts that emerge from the record of the case are as under:

(3.) Being aggrieved and dissatisfied with the impugned judgment and order of acquittal dtd. 25/11/2004 passed by the learned Trial Court, the State has filed the present appeal mainly contending that the prosecution has proved the case beyond reasonable doubts. The impugned judgment and order of acquitting the accused is against the evidence on record of the case and the learned Trial Court has not appreciated the evidence in correct perspective and has erred in concluding that the demand and acceptance of the illegal gratification is not proved. That the learned Trial Court has not relied on the evidence of the complainant and has concluded that the demand and the acceptance are not supported by the evidence of the complainant but the complainant has clearly stated that the amount was to be paid through Vinodrai Vishwanath Dave and he has supported the case of the prosecution. That the learned Trial Court has wrongly concluded that there was no demand from Bhavnaben Damjibhai Bundeliya or from Vinodrai Vishwanath Dave, whereas, it is on record that Vinodrai Vishwanath Dave knew the complainant as well as the accused and in the presence of witness Rameshbhai Bhatti, the illegal gratification of Rs.500.00 was given to the accused, which was accepted by him and thereafter, he suddenly tried to give it back to Vinodrai Vishwanath Dave. That the prosecution has proved that the amount was accepted by the accused and to accept this illegal gratification, he left his place of duty to come to a shop namely "Runners Traders" situated in Sitaram Seva Trust Shopping Centre and he was trapped by the raiding party, which clearly proves the case of the prosecution that the demand was made, accepted by the accused and recovered from the accused and hence, the impugned judgment and order passed by the learned Trial Court is bad in law, illegal and against the weight of evidence and is required to be quashed and set aside.