STATE OF GUJARAT Vs. ABDULBHAI MUSABHAI SHEIKH

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 29.07.2004 passed by the learned Additional Sessions Judge, Ahmedabad (Rural), Fast Track Court No.12, Gandhinagar in Special (ACB) Case No.7/1999, whereby the learned Trial Judge acquitted the original accused-respondents herein, of the charges for the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

(2.) The brief facts of the prosecution case are that both the accused had threatened the complainant by saying that since you are giving 'Hafta' for selling the Jaggery for the production of liquor to the previous officers, you have to give 'Hafta' to us and if you do not do so, then case/action will be initiated against you. Thereafter, on 14.04.1999, both the accused persons met the complainant at his village and demanded for Rs.650/- and told him to come and give the said amount on 15.04.1999 at 14:50 hours at Gandhinagar Prohibition Police Station. Hence, the complainant lodged a complaint with ACB Police Station, Ahmedabad (Rural), Gandhinagar against accused for demanding such bribe and accordingly, the ACB Police Station arranged a trap and that on the success of the trap, the accused was caught red-handed.

(3.) After completion of the investigation, the chargesheet was filed before the learned Additional Special Judge, Ahmedabad (Rural), Fast Track Court No.12, Gandhinagar, which was, thereafter, numbered as Special (ACB) Case No.7 of 1999. Since opponents-accused did not plead guilty and claimed to be tried, they were tried for the alleged offences.