STATE OF GUJARAT Vs. MOHANBHAI MEDHABHAI DAFDA

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned -Addl. Sessions Judge, Fast Track Court, Amreli (for short, 'the trial Court'), Dated : 04.08.2003, rendered in Special Case No. 1 of 1987, whereby, the learned trial Court acquitted the original accused the Respondent, herein, of the charges under Sections 5(2) of the Prevention of Corruption Act and Sections 161 and 201 of the IPC.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant, who is engaged in the field of agriculture, wanted to purchase some machinery through loan, and hence, he approached the original accused -Respondent, herein. It is the case of the prosecution that the accused demanded Rs.400/ - from the complainant for getting his loan sanctioned and for good opinion. Since, the complainant was not desirous of giving bribe, he approached the ACB officials and a trap was arranged, wherein, the accused was caught. On registration of the offence, police carried out the investigation and on finding sufficient evidence, a charge -sheet was filed against the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(3.) BEFORE the trial Court, the prosecution, in support of its case, examined four witnesses.