STATE OF GUJARAT Vs. GOVINDBHAI RUDABHAI SODARVA

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 5.10.2005 rendered by the learned Special Judge, Junagadh, in Special (ACB) Case No.4 of 1993. The said case was registered against the present respondent original accused for the offence under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the complainant was asked to pay Rs.40/ per week for not filing false case against him for plying six seater rickshaw to the respondent accused and the first installment was paid on 10.9.1992 at about 18:45 hours near Bilkha S.T.Stand. The complainant approached the A.C.B. Office and lodged complaint about the same. After completing necessary formalities the raid was carried out, the said amount was recovered in presence of panchas by the ACB officials, statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.

(3.) ON the basis of above allegations, charge was framed, readover and explained to the accused for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. The accused pleaded not guilty to the charge and claimed to be tried.