THE STATE OF GUJARAT Vs. SHAMJIBHAI ASHABHAI MAHESHWARI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 8.2.2005 passed by the learned Special Judge, Kutchchh at Bhuj in Special Case No. 5 of 1989 whereby, the learned trial Judge acquitted the original accused - the respondents herein, of the charges for the offence punishable under Section 161 and 165 of IPC and section 5(1)(d) read with section 5(2) of Prevention of Corruption Act.

(2.) THE brief facts of the prosecution case are that one Manjibhai Dhanjibhai Luhar is the complainant. The incident is said to have occurred on 5.1.1988. On that day, the complainant along with his friend, was returning from college on complainant's scooter. Pillion rider is the friend -Dashrathbhai Mavjibhai Chaudhari. When they came near Jubilee ground and were taking turn, at that time, one traffic police was crossing the road. The complainant had hit the said traffic police. It is alleged that traffic police (accused) had given one slap to the complainant. The accused as a private complainant declared his intention to lodge FIR for traffic case against the complainant. Thereafter, the accused - traffic police had asked Rs. 50/ - for not lodging of the complaint against the present complainant. This traffic police is the principal accused before us and Dashrathbhai, pillion rider, had said to have stated that at time that as they had no money, they would pay the same within two days. It is the say of the prosecution that on the next day i.e. on 6.1.1988, they did meet and accused had said to have stated that if the complainant would not manage pay the accused by next -day 12.00 noon, the accused would lodge the complaint. On the next day, i.e. on 7.1.1988, at about 9.00 am, the complainant went to A.C.B. Office and lodged the complaint. The complaint is at Ex. 59.

(3.) TO prove the case against the present accused, the prosecution examined witnesses and also produced documentary evidence which has been thoroughly gone through by this Court.