STATE OF GUJARAT Vs. SANJIV OMPRAKASH DUBEY

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 28.02.2013 rendered by the learned 4th Additional District and Session Judge, Bharuch, in Special Case -ACB No.3 of 2009. 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, complainantParshottam K. Patel registered police complaint on 12.02.2007 before the ACB Police Station, Bharuch. It is the case of the prosecution that the complainant alleged that the property bearing survey No. 206/2 was situated in the sim of village Sarangpur. The said property was ancestral property and being continued in the name of complainant's mother Panbai Khetabhai and near the aforesaid land, a railway line leading Ankleshwar to Rajpipla is passing and compound wall being constructed for separating land of survey No.206/2 and railway land. The Railway Department had given notices for demolishing and removing the encroachment made by constructing the wall in railway's ownership land. On 11.07.2007, the Railway Authority called upon the complainant with respect to encroachment made on railway's land and Railway Authority started work of demolishing the wall and in measurement 14 mtrs. 80 cm compound wall was demolished and in measurement 49 mtrs. 92 cm wall remained to be demolished. So, the complainant met Upendarsing PW of Rajpardi to protect the land for demolishing and complainant talked to him in regard of aforesaid wall and Upendarsinh told the complainant that he met RPF Police In -charge Mr.Sanjiv Dubey of Ankleshwar -respondent No.1 herein. So, on 11.07.2007 the complainant met respondent No.1 -accused and complainant talked regarding protector of wall from demolishing. At relevant time, Mr. Sanjiv Dubey, demanded Rs.20,000/ -from the complainant to protect the wall. After bargaining, the said amount was reduced to Rs.4,000/ -and Mr.Sanjiv Dubey, informed the complainant that he would have to pay the amount tomorrow i.e. on 12.07.2007. As the complainant did not want to pay the said amount of bribe, he approached ACB Police Station, Bharuch and met Mr. Pancholi, PI of ACB and narrated the facts, which was reduced in writing. Thereafter, Mr. Pancholi, PI called two panchas. Both the panchas were introduced with the complainant and facts of the complaint were disclosed to both the panchas. In presence of members of raiding party, search of the complainant and panchas was made. Then, Police Inspector called lamp operator and told him to show and explain use of the phenolphthalein powder, liquid soda -bi -carbonate and ultra violate lamp. Fist part of the panchnama was drawn. Then, the trap amount of Rs.4,000/ -, 7 currency notes each of Rs.500/ -were presented by the complainant under the instructions of the Trapping Officer and phenolphthalein powder was applied on the trap amount. Then, the said trap amount put into the left side pocket of shirt worn by the complainant and directed him not to touch the said amount prior to demand made by respondent -accused No.1. Panch No.1 was advised to stay with the complainant and listen all talk took place between the complainant and the respondent -accused No.1 while panch No.2 was advised to stay with the members of raiding party. The complainant was also instructed to give signal after the demand made by the accused. Thereafter, they proceeded to Ankleshwar in Government vehicle. The RPF In -charge Mr. Dubey was not present in the office and so, the complainant asked to Constable for arrival of Mr. Dubey and they sat in office and they waited for coming of Mr.Dubey. Thereafter, the Constable talked called Mr. Dubey and told that Mr. Dubey called you at his quarter. So, the complainant and panch No.1 went to the quarter of Mr.Dubey. At that time, he called respondent No.1 -accused, who was sitting in the room. He said who was there. Then, the complainant was instructed to give the amount to respondent No.2 - accused. At that time, signal was given and members of raiding party rushed to the place of trap. Search was made and from the possession of respondent No.2 - accused, the trap amount was recovered. Then, experiment of phenolphthalein powder and sod bicarbonate liquid was made. Then, both the respondentsaccused were arrested. Second part of the panchnama was drawn. Thereafter, investigation was carried out and statements of the witnesses and panchas were recorded by the Investigating Officer. Then, seizure memo was given. To prosecute against the respondent No.1 -accused, sanction was obtained from the competent authority. Then, charge -sheet was filed against the respondentsaccused for offence under Sections 7, 12 13(1)(d) and 13(2) of the Prevention of Corruption Act, which was numbered as Special Case -ACB No.3 of 2009.

(3.) ON the basis of above allegations, charge was framed vide Exh.20 and read -over and explained to the accused for the offence punishable under Sections 7,12,13(1)(d) and 13(2) of the Prevention of Corruption Act. The accused pleaded not guilty vide Exh.21 and 22 to the charge and claimed to be tried.