STATE Vs. GUNVANTLAL H SHAH

JUDGEMENT

(1.) The acquittal of the respondent ('the accused') of the offence punishable under Section 161 of the Indian Penal Code ('the IPC' for short) and Section 5 (1) (d) and 5 (2) of the Prevention of Corruption Act ('the Act' for short) recorded by the learned Special Judge, Mehsana vide judgment and order dated 16.10.1985 rendered in Special Case No. 3 of 1984 is the subject matter of challenge in instant appeal which is filed under Section 378 of the Code of Criminal Procedure ('the Code' for short) by the appellant " State of Gujarat.

(2.) The prosecution case as reflected from the complaint dated 19.12.1983 filed by Nagindas Tulsidas Acharya ('the complainant'), before Police Inspector, ACB, Mehsana and unfolded during trial was as under:

(3.) The complainant was of the opinion that it was not proper to give illegal gratification demanded by the accused and, therefore, he had contacted P.I. ACB Mehsana who recorded his complaint at Ex.37.