STATE OF GUJARAT Vs. RAMANBHAI BHENKABHAI PATEL

JUDGEMENT

(1.) The present appeal has been filed by the State under the provisions of Sec. 378(1)(3) of the Criminal Procedure Code, 1973 challenging the judgment and order dtd. 31/1/2006 passed by learned Presiding Officer, 1 st Fast Track Court, Valsad in Special (Corruption) Case No.61 of 2002, (Old Case No.10 of 1994) whereby the present respondents were acquitted of the charges for the offences punishable under Ss. 7, 12, 13(1) (D) and 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as the "Act") as well as Sec. 120 of the Indian Penal Code.

(2.) In view of the contents of the death certificate of accused respondent No.1, who expired on 23/12/2017, the present appeal stands dismissed as abated qua the respondent No.1- accused. Accordingly, the present appeal is confined qua respondent No.2 only.

(3.) The facts and circumstances giving rise to filing of the present appeal are such that the first informant was carrying on his business by owning a shop. One day, the police authorities namely PSI Mr.Suthar and Ramanbhai Bhenkabhai Patel visited his shop and told his brother, who was present at the shop that they were dealing in molasses, which was used for the purpose of preparation of country-made liquor and therefore, they were required to be booked and that, if they did not want to be booked for the said offence, an amount of Rs.15,000.00 was demanded from them towards illegal gratification. After negotiations the amount was reduced to Rs.7,000.00. Ultimately it was agreed between the parties that the first informant shall pay the sum of Rs.4,500.00 towards illegal gratification to one Mr.Lilachand. Since the first informant did not want to pay the amount of illegal gratification, he had approached the office of ACB, Valsad and had lodged the FIR pursuant to which investigation was carried out and charge-sheet came to be filed against the accused persons before the concerned Special court. Since the respondents pleaded not guilty, charge came to be framed against them vide Exh.3 and they were put to trial.