STATE OF GUJARAT Vs. YUSUFBHAI RAHIMBHAI BELIM

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 02.12.1998 passed by the learned Special Judge, Vadodara in Special Case No.6/1995, whereby the learned Trial Judge acquitted the original accused -respondents herein of the charges for the alleged offences.

(2.) THE brief facts of the prosecution case are that a complaint was lodged by complainantJafarbhai Mahammadbhai Kureshi with Vadodara ACB Police Station, wherein P.I. Mr.Pawar, who was discharging duties as P.I., ACB Police Station Vadodara, on 30.11.1994, received a secret information that the accused herein were taking bribes from the complainant, who was the owner of Jeep bearing Registration No.GJ -6 -K -1355, for plying his vehicle on road in passengers -vardhi. Therefore, the aforesaid aspect was verified and a trap was arranged, wherein the accusedrespondents herein were caught. Pursuant thereto, on finding sufficient evidence, a complaint was lodged.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Special Judge, Vadodara, which was, thereafter, numbered as Special Case No.6 of 1995. Since opponents -accused did not plead guilty and claimed to be tried, they were tried for the alleged offences.