STATE OF GUJARAT Vs. RATANSINH GULABSINH PARMAR

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 11.8.2006 rendered by the learned Special Judge, Fast Track Court No.16, Vadodara, in Special Case No.1 of 2005. The said case was registered against the present respondent original accused for the offence under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the complainant, resident of Bajva Road, Vadodara had lodged the complaint on 1.9.2004, five months prior to registration of the offence, he was doing illegal business of bootlegging hence several cases were registered against him with Chhani Police Station. He was detained under the PASA vide order passed by the Commissioner of Police, Vadodara and sent to Jamnagar Jail and, thereafter he was released vide order dated 31.7.2003 passed by the High Court.

(3.) IT is the further case of the prosecution that in the year 2004, two cases have been registered with Chhani Police Station and in both the cases, complainant was released on bail and, thereafter, he stopped bootlegging activities and started labour work. On 27.8.2004 at about 5 O'clock in the morning when he was standing near Chhani Bus Stand, respondent accused arrested and took him to Police Station and also used abusive language and, thereafter demanded Rs.5,000/. The complainant told the respondents accused that he stopped bootlegging activities, but the respondents accused did not convince and told that in spite of having being closed the business of bootlegging you have to give money. After some bargaining Rs.2,000/ were fixed as a bribe amount. The respondents accused told the complainant that he has to give this amount today itself. The respondents accused on the very same day came in the evening and asked the bribe amount, but since he was not in position to give money the respondents accused used abusive language and told that immediately make suitable arrangement. It is further case of the prosecution that when he was present at home at about 7 O'clock the respondents accused came for collecting money and got excited and threatened that they would lodge false cases against him and, therefore, complainant told them that he would give Rs.2,000/ at Chhani Police Station till 7 O'clock in the evening. Since the complainant was not willing to give money, he filed complaint in the ACB Office before the Police Inspector, Shri Rakesh Sharma on 1.9.2004. After recording the complaint two panch witnesses were called. Since the complainant was having Rs.500/ yadi was sent for getting further amount of Rs.1,500/. The police personnel, panchas and complainant gathered on 1.9.2004 at about 15:40 hours and introduced each other. The contents of the complaint were made to understand the panchas. That 18 currency notes in the denomination of Rs.100/ and 04 currency notes in the denomination of Rs.50/ were produced, which were stained with the anthracene powder and after experiment with the ultra violet lamp in the presence of the panch witnesses, it was placed in the left side of pocket of the shirt of the complainant with the instruction to deliver the amount to the respondents accused. On 2.9.2004, the raiding party alongwith the complainant and the panch witnesses proceeded towards Chhani Police Station. The complainant went to Chhani Police Station for giving money to the respondents accused and after giving money to the respondents accused, he made gesture and hence the raiding party rushed there and caught hold of the respondents accused and after introducing themselves the respondents accused they searched the respondents accused and found the bribe amount from the respondents accused and accordingly necessary panchnama was carried out in the presence of the panch witnesses. Statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.