STATE OF GUJARAT Vs. JAYESHKUMAR RAMNIKLAL JANI

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor for the appellant State Ms. Monali H. Bhatt and learned Advocate for the respondent Mr. Ashish M. Dagli.

(2.) BY way of this Appeal, the Appellant State has felt aggrieved by the judgment and order of acquittal dated 07.06.2003 of the learned 2nd Fast Track Judge, Amreli in Special Case No.72/1996 whereby the respondent herein was acquitted of the offences punishable under Sections 7, 13(1)(g) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to in short as 'the Act').

(3.) THE brief facts of the case are as under : - The complainant was maintaining his family by doing labour work. The Government had declared to give an amount of Rs.5,000/= for the people belong the backward class community under the 'Kuvarbhai nu Mameru' Project. The complainant and his family belong to this community. Hence, for the purpose of getting this money, the father of the complainant filled up the form at the Social Welfare Department, Amreli about 8 -10 months prior to the complaint so made. It is further the case of the prosecution that about 15 days prior to the complaint, one Officer of the Social Welfare Department, Amreli came to Village and gave a draft of Rs.2,000/= to the father of the complainant after taking his thumb mark. The father of the complainant was informed that further amount of Rs.3,000/= would be given in the form of Kisan Vikas Patra. It was further informed that the said Kisan Vikas Patra would be sent to the Office of the Social Welfare Inspector after one week and the father of the complainant would have to collect the same from the said office. Thereafter, the draft amount was en cashed. Then as per the advice of the said Officer of Social Welfare Department, Amreli, the complainant went to Khambha and met the Social Welfare Inspector the respondent herein and enquired from him about getting the Kisan Vikas Patra under the said project for his sister. It is alleged that the respondent herein told the complainant herein that the Kisan Vikas Patra were already received in office and the complainant could collect the same from his house at the village. The complainant was also informed to bring an amount of Rs.200/=. The complainant did not want to pay the amount and therefore, approached the ACB. The ACB laid the trap and after success of the trap, the learned Assistant Judge charge -sheeted the respondent under the above cited offences and at the end of the trial, the learned Judge acquitted the respondent accused. Hence, this Appeal.