STATE OF GUJARAT Vs. ABHESINH SHIVAJI ZALA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 28.9.2004 rendered by the learned Additional Sessions Judge, Fast Track Court No.6, Palanpur, in Special Case No.10 of 1999. The said case was registered against the present respondent original accused for the offence under Sections 7, 13(1)(d) 1, 2, 3 and 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, that check post employee of police department and local police employees extort bribe money ranging from Rs. 10/ to Rs. 40/ from the drivers of heavy goods vehicles on the different pretexts in order to prevent harassment to them. On getting this information verified secretly and finding substance therein, trap decoy was arranged on 25.11.1997. By calling two government employees belonging to office of Superintending Engineer, Gujarat Electricity Board, Palanpur Mr. M.V. Patel and Mr. V.S. Gohil through their Head of Department as panchas, they were given understanding about planning of decoy, ultra violet lamp and properties of anthracene powder and then left for decoy. Firstly, the decoy was arranged at Deesa check post of forest department and Amirgadh Police check post, as no demand for bribe was made, steps were taken to arrange plan of decoy at Gundari police check post. In this connection, they came near hotel of Bhagvatsinh on the Mandar Gundari Road and waited for vehicle. They stopped a truck bearing registration no. DL 1 GA 0410 and on explaining the purpose of decoy to its driver witness Omprakash Surajbhan Jat Chaudhary and was asked for co operation, he agreed to cooperate. Therefore, Head Constable Sahedkhan J. Pathan explained him about properties of anthracene powder and ultra violet lamp in presence of panchas. In this connection, four currency notes having denomination of Rs. 10/ amounting to Rs. 40 were put in the empty pocket of open shirt worn by driver Omprakash. Panch no. 1, Head Constable Sahedkhan J. Pathan, Head Constable Sarafarajkhan and he went towards Gundari police checkpost by truck. Deciding that members of raiding party along with panch no. 2 may follow in the jeep and reaching at Gundari police check post, accused border wing Home Guard Constable Abhesing Shivaji Zala, belonging to Battalion 1, C Company, Palanpur, stopped the truck and inquired as to what is loaded in the truck. As he demanded a bribe of Rs. 10/ in the name of entry fee, the driver Omprakash gave one currency note having denomination of Rs. 10/ out of muddamal notes. He accepted the said note at about 10.00 hours and on seeing me and persons of raiding party getting down from the truck and as he doubted, he started running away removing sleeper. As we chased to nab him, he ran away into dense bushes of babool trees, throwing note of muddamal, other collected money and baton on the ground. A currency note in the denomination of Rs. 10/ , 7 nos. of currency notes in the denomination of Rs. 5/ amounting to Rs. 45/ were thrown away on the ground. The same were seized in the presence of panchas. The currency notes in the different denomination found from the box made of iron sheet under his possession and currency coins amounting to Rs. 824/ were seized as per details of panchnama in the presence of panchas.

(3.) MISUSING his post, demanding and accepting a bribe of Rs. 10/ from witness truck driver Omprakash for his personal benefit and on seeing persons of raiding party getting down from the truck and doubting, he threw money collected in the name of entry fees from aforesaid driver and other truck drivers on the road, aforesaid border wing Home Guard Constable Abhesing Shivaji Zala, Batallion 1, C Company, Palanpur, ran away. Hence the complaint was lodged.