STATE OF GUJARAT Vs. BALUBHAI NANALAL DARJI

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 31.8.2004 rendered by the learned Joint District and Additional Sessions Judge, Fast Track Court No.6, Nadiad, in Special Case (ACB) No.5 of 1998. The said case was registered against the present respondents 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, on 9.1.1998 and before that, accused No.1 was performing his duty as Talati i.e. as a government servant in Nandoli Gram Panchayat of Kheda district and he was drawing salary from the government in that regard. Complainant Prabhatsinh Hemabhai, Gagjibhai Motibhai (sic) had purchased land in Nandoli village. After getting the deed of the said land registered and after getting copy of index, applications were given to accused No.1 to get the same entered into records of the Talati. After about four months, as the complainant and witness met accused No.1, it was informed that the entries have been canceled. Therefore, applications were given again and when they met the accused No.1 to get the entries sanctioned, the accused demanded bribe. On 31.12.1997, the complainant met accused No.1; but at that time the accused No.1 informed that as the loan is due, entries have been rejected. Therefore, to sanction the entries by producing nodue certificate of the loan and to issue copies of 7/12 of the sanctioned entries, amount of Rs.1,500/ was decided first but thereafter, at the end of some bargaining, it was decided to give Rs.800/. It was promised to give this amount to the accused by going to his home at Palana at about 600 hrs in evening on 9.1.1998. As per the promise, at about 1900 hrs on 9.1.1998, as the accused No.1 asked the accused No.2 to receive the amount of financial gain (bribe) apart from the wages being given by the government and hence she accepted the amount; therefore, as accused No.2 abetted accused No.1 in accepting financial gain apart from the salary being given by the government, a complaint for the offence u/s 7, 12, 13(1)(d) read with Sec.13(2) of Prevention of Corruption Act has been registered by the complainant Prabhatsinh Hemabhai Parmar in A.C.B. Police Station, Nadiad. After completing necessary formalities the raid was carried out, statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.

(3.) THEREAFTER , after filing closing pursis by the prosecution, further statements of accused persons under Section 313 of the Code of Criminal Procedure, 1973 was recorded. The accused persons have denied the case of the prosecution and submitted that a false case is filed against them.