STATE OF GUJARAT Vs. BALASHANKAR DEVSHANKAR KATHWADIA

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Special Judge, Fast Track Court No.5, Jamnagar(for short, 'the trial Court'), Dated : 18.01.2005, rendered in Special Case No. 9 of 1997, whereby, the learned trial Court acquitted the original accused the Respondent, herein, of the charges under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988(for short, 'the Act').

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the wife of the original complainant, who was discharging duties as Asst. Teacher at Pithadia Primary School, Tal. : Kalavada, at the relevant point of time, made an application for her transfer from Jamnagar District to Rajkot District, since, her husband, i.e. the complainant, was serving at Rajkot. At that point of time, accused was serving as Principal at Motinagarjar Taluka School, Taluka : Kalavad. It is stated in the complaint that the accused met the wife of the complainant on 03.12.1996, in connection with her application of transfer and demanded Rs.1,000/ - for forwarding the said application. Hence, the complainant's wife informed him about the same. It is, further, stated in the complaint that accused again demanded bribe from the complainant on 15.12.1996. However, since, the complainant did not want to give bribe, he approached the ACB officials on 19.12.1996 and a trap was arranged on the same day, wherein, the accused was caught. Pursuant thereto, charge -sheet was filed against the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(3.) BEFORE the trial Court, the prosecution, in support of its case, examined six witnesses.