STATE OF GUJARAT Vs. MANHARBHAI MAGANBHAI PATEL

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 23.08.2004 rendered by the learned Special Judge, (A.C.B.), Court No.2, Ahmedabad, in Special Case No.27 of 2000. The said case was registered against the present respondent -original accused for the offence under Section -7 of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the accused who was working as an Outdoor Clerk in the East Zone of Ahmedabad Municipal Corporation at Rakhial in the year 1999 -2000 misused his position and for the purpose of making less assessment in respect of the property tax of the shop of the complainant situated in Satyam Flats at Ahmedabad, demanded an illegal gratification to the tune of Rs.2500/ -on 28.03.2000 and agreed to accept an amount of Rs.2,000/ -on 05.04.2000 and thereby, he committed an offence punishable under Section -7 of the Act. As the complainant did not want to pay the said amount of bribe, he approached ACB Police Station, Ahmedabad and lodged his complaint, which was reduced in writing. Thereafter, ACB of 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 anthracene powder and ultra violate lamp. Fist part of the panchnama was drawn. Then, the trap amount of Rs.2,500/ -, was presented by the complainant under the instructions of the Trapping Officer and anthracene powder was applied on the trap amount. The complainant was directed not to touch the said amount prior to demand made by respondent -accused. Panch No.1 was advised to stay with the complainant and listen all talk took place between the complainant and the respondent -accused 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 went to the place of trap. At that time, the respondent -accused demanded bribe amount of Rs.2,000/ - from the complainant. Then, predecided, signal was given and the respondent -accused was caught red handed. Thereafter, second part of the panchnama was drawn and signatures of the panchas were taken. The respondent -accused was arrested. Thereafter, investigation was carried out and statements of the witnesses and panchas were recorded by the Investigating Officer. Then, seizure memo was given. Subsequently, the respondent -accused was released on bail. To prosecute against the respondent -accused, sanction was obtained from the competent authority. Then, charge -sheet was filed against the respondentaccused for offence under Section -7 of the Prevention of Corruption Act, which was numbered as Special Case No.27 of 2000.

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