STATE OF GUJARAT Vs. BHARATSINH LAXMANSINH KHANT

JUDGEMENT

(1.) By way of this appeal, the appellant State has challenged the judgment and order of the learned Special Judge, Joint District and Addl. Sessions Judge, at Modasa (for short, 'the trial Court'), Dated : 01.10.2003, rendered in Special (ACB) Case No. 5 of 1998, whereby, the learned trial Court acquitted the original accused the Respondent, herein, of the charge under Sections 7, 13(1)(D)(1,2,3) and 13(2) of the Prevention of Corruption Act, 1988(for short, 'the Act') and Section 506(2) of the Indian Penal Code.

(2.) The brief facts of the case of the prosecution, as set out before the trial Court, are that the accused, herein, who was discharging duties as Sarpanch of village Muloj, on the date of the alleged offence, i.e. on 23.04.1997, demanded Rs.1000/- from the complainant for supplying water at about 09:00 clock and was apprehended while accepting the same behind the house of the complainant. On registration of the offence, police carried out the investigation and on finding sufficient evidence, a 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 three witnesses.