THE STATE OF GUJARAT Vs. BHANUBHAI CHANDUBHAI MIYATRA

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 1.11.2004 passed by the learned Special Judge (Corruption) & Addl. Sessions Judge, Fast Track Court No. 9, Bharuch in Special (ACB) Case No. 11 of 2003, whereby, the learned trial Judge acquitted the original accused -the respondent herein, of the charges for the offence punishable under Section 7 and 13(1)(d) read with section 13(2) of Prevention of Corruption Act.

(2.) THE brief facts of the prosecution case are that the accused Bhanubhai Chandubhai Miyatra was serving as unarmed police constable in Ankleshwar Police Station as a public servant. That the complainant was doing the business of foreign liquor. The accused police constable demanded "hafta" from him. On the complainant not agreeing to the same, on 1.7.2003, at about 8.00 O'clock by taking him from his residence, an offence under the Prohibition Act was registered against the complainant and he was arrested and released on bail on 4.7.2003. Thereafter, the accused demanded monthly "hafta" of Rs. 7000/ -, i.e. Rs. 5000/ - for the Police Inspector and Rs. 2000/ - for the members of the "D" staff from the complainant for not registering any prohibition case against him. Therefore, the complainant went to A.C.B. Office and lodged the complaint. The complaint is at Ex. 9.

(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.