STATE OF GUJARAT Vs. DEEPAKKUMAR MANGALMAL HANSRAJANI

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 30.3.2005 rendered by the learned Special Judge, Kutch at Bhuj, in Special Case No.8 of 1989. The said case was registered against the present respondent original accused for the offence under Section 161 of the Indian Penal Code and under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the complainant Karsan Arjan was making inquiry in office of Gujarat Water Resources Department to have No Objection Certificate to be given to the competent authority for electric connection and during the inquiry about the NOC the complainant was informed that one Hansrajani, Supervisor is dealing with the same. The accused demanded Rs.300/ for NOC and after further negotiation the amount of Rs.200/ was fixed. After few days the complainant went to the office and met the accused person and requested the accused to reduce the amount and ultimately amount of Rs.50/ came to be fixed. The complainant left the office by saying that he would give that amount and thereafter he lodged complaint with ACB office. The complaint was lodged on 19.1.1987. 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 person under Section 313 of the Code of Criminal Procedure, 1973 was recorded. The accused person has denied the case of the prosecution and submitted that a false case is filed against him.