STATE OF GUJARAT Vs. MOHMEDISHAK MUSABHAI TADHA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), is directed against the judgment and order of acquittal dated 02.09.2004 passed by the learned Special Judge, Fast Track Court No.3, Sabarkanha at Himmatnagar in Special Case No.4/1997, 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 complainant P.I. Shri H.R. Puvar has received private information that some police personnel at Shamalaji Check Post are demanding illegal gratification from drivers of the private vehicles which are carrying over load in their trucks beyond the limit prescribed under the Motor Vehicle Act and according to this information, the complainant P.I. Shri H.R. Puvar has arranged trap and as a part of trap, arrangement of two panchas was made from the office of Merritime Board, New Mental Compound, Meghaninagar, Ahmedabad and they were informed about the trap. It is further case of the prosecution that truck driver Alish Hemuddin Shaikh of Truck No.DIG -8169 and truck driver Karshanbhai Hukamchand Chaudhari of Truck No.HR - 46 -4751 were asked to cooperate in the trap and as they were ready and willing to give cooperation, decoi trap a preliminary panchnama was drawn and the trap was arranged and during the raid, respondent -accused no.1 Mohmedbhai Musabhai Tadha has demanded illegal gratification from truck driver Alisher Shaikh towards entry fees without preparing any vouchers for over load truck. It is further case of the prosecution that respondents -accused have demanded illegal gratification from drive of the truck for which they are not entitled, and thereby, abused their position as a public servant by accepting illegal gratification from the truck driver for which they were not entitled, and thereby, respondentsaccused have committed offences punishable under Sections 7, 12, 13(1)(d)(1)(2)(3) and 13(2) of the Prevention of Corruption Act, 1988 which was registered with ACB Police Station, Himmatnagar vide C.R.No.I -11/1996.

(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 Cr.P.C. committed the said case to the Court of learned Special, Fast Track Court No.3, Sabarkantha at Himmatnagar, which was, thereafter, numbered as Special Case No.4 of 1997. Since opponentsaccused did not plead guilty and claimed to be tried, they were tried for the alleged offences.