STATE OF GUJARAT Vs. MAHENDRASINH JAGDEVSINH RATHOD

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Special Judge, Panchmahal at Godhra dated 31.03.2001 rendered in Special (ACB) Case No.8 of 1997, whereby the learned Trial Judge acquitted the original accused opponents herein of the charges for the alleged offences.

(2.) THE brief facts of the prosecution case are that respondent no.2 is a Government Servant and was discharging his duty as Motor Vehicle Inspector at R.T.O. Check Post, Dahod, District Panchmahals. At that time, information was received by P.I. Mr.D.S. Patel that at R.T.O. Check Post, Dahod, illegal gratification is being demanded and accepted by the employees of the department from the drives of the vehicles. Thereafter, upon the information, after following procedure required under the law, a trap was arranged on 20.01.1997 at ahout 18:25 hours, and the raiding party caught the respondent -accused no.1 red -handed while accepting the illegal gratification. Thereafter, the raiding party rushed into the R.T.O. Check Post where accused no.2 was present. Thereafter, a complaint was lodged against the accused being I -C.R.No.2/1997 with Godhra Police Station.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Special Judge, Panchmahals at Godhra, which was, thereafter, numbered as Special (ACB) Case No.8 of 1997. Since opponents -accused did not plead guilty and claimed to be tried, they were tried for the alleged offences.