STATE OF GUJARAT Vs. ASHOKKUMAR BABABHAI PARMAR

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Special Judge, 3rd Fast Track Court, Mehsana, Dated : 17.05.2003, rendered in Special ACB Case No. 3 of 1996, whereby, the learned trial Court acquitted the original accused the Respondent, herein, of the charges under Sections 7, 13(1)(c) (1 -2 -3) and Section 13(2) of the Prevention of Corruption Act.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original accused -Respondent, herein, at the relevant point of time, was discharging duties as Unarmed Head Constable with Visnagar Police Station, whereas, the original complainant -Dashrathbhai Shamalbhai Chaudhary was plying matador between Mehsana and Visnagar carrying passengers. According to the complainant with a view to see that the Traffic Police does not detain the vehicle of the complainant or does not issue any Memo for contravention of traffic rules, the accused, herein, on 14.11.1995 asked him to pay Rs.40/ - for plying vehicle without any hindrance for two weeks and also to pay Rs.100/ - towards Dipavali gift(Boni) on the next day, i.e. on 15.11.1995. Hence, the complainant made a complaint to the ACB officials and a trap was arranged. Then, on 15.11.1995, as agreed the complainant gave Rs.40/ - to the accused and the accused was caught by the ACB officials and the offence was registered against him. Pursuant thereto, on finding sufficient evidence and after obtaining necessary permission to prosecute the accused, a charge -sheet was filed against the accused person. At the time of trial, since, the accused did not plead guilty and claimed to be tried, the case was committed before the competent Court for trial.

(3.) AT the time of trial, the prosecution, in support of its case, examined four witnesses, including the complainant, panch, raiding officer and the I.O.