DILIPSINGH DULESINGH REHAVAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused -appellant, herein, challenging the judgment and order of the learned Special Judge, Court No.2, Ahmedabad (for short, 'the trial Court'), Dated : 28.12.1999, whereby, the learned trial Court convicted and sentenced the accusedappellant, herein, as under;

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complaint, who was, at the relevant point of time, serving as P.I. ACB, Ahmedabad, gave a complaint on behalf of the State on 16.04.1996, stating that he has received information that local and traffic police are demanding and accepting bribe from the drivers of the vehicle coming into and going out of the city. Hence, panchas were called and a trap was arranged and for the aforesaid purpose, the services of a driver and conductor of a truck bearing registration No. MXL 7661 were obtained. It is, then, alleged that on the date and time mentioned in the complaint, when the decoy panch, i.e. driver, along with panch No.1 and some of the ACB officials, was passing from the area known as Indulal Yagnik Bridge with his truck, the accused allegedly signaled the driver to stop the truck and asked him as to why he was carrying more passengers. It is alleged that the accused, then, demanded and accepted the bribe and he was apprehended. Subsequently, chargesheet came to be filed against the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(3.) IN order to bring home the charge leveled against the accused, the prosecution examined the following witnesses; PROSECUTION WITNESS NUMBER NAME OF THE WITNESS EXHIBIT NO. 1 Madhusudan Ratilal Brahmbhatt 9 2 Kirankumar Manubhai Rathod 12 3 Ramsinh Balusinh Chauhan 17 4 Harjivan Keshavlal Patel 18