STATE OF GUJARAT Vs. MAHESHCHANDRA KISHORCHANDRA TRIVEDI

JUDGEMENT

(1.) THE present appeal has been filed by the appellant State under Section 378 of the Criminal Procedure Code, against the judgment and order dated 7.9.2001 rendered by the Special Judge, Kutch, in Special Case No.15 of 1986, whereby the respondentaccused was acquitted of the charge for offence punishable under Section 5 (2) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code.

(2.) SHORT facts of the prosecution case are as under: 2.1 The accused was serving as Dy. Engineer, Gujarat Electricity Board, Ravapar, District -Kutch in the year 1986 and as such he was a public servant. That on 1.5.1985, the complainant Virji Jivraj Jadvani of Ravapar had informed the office of the accused that his electric meter was burnt in his agricultural field. The complainant also applied for the change of meter for which he paid Rs.250/ - in the office of the accused. That on 4.5.1985, the complainant again requested to change his meter. That as per the the prosecution case, at that time, the accused told the complainant to come after 15 days as meter was not available. The complainant told the accused that the meter is urgently required otherwise he would be put to difficulty. The accused thereupon demanded Rs.1,000/ - for immediate change of meter. At the intervention of Babubhai Khimji, said amount was settled at Rs.200/ -. As the complainant was not willing to pay the amount, he approached the A.C.B. Police Station and A.C.B. Police Station arranged for a trap. That the accused was caught red handed while accepting bribe. After investigation, charge -sheet was filed.

(3.) I have heard learned advocates appearing on both sides.