STATE OF GUJARAT Vs. JETHALAL BABALDAS PATEL

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Special Judge, Bhuj -Kachchh (for short, 'the trial Court'), Dated : 28.12.1999, rendered in Special Case No. 7 of 1987, whereby, the learned trial Court acquitted the original accused the Respondent, herein, of the charges under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1988(for short, 'the Act') and Section 161 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 lodged a complaint before the PI, ACB at Bhuj, on 09.01.1986, wherein, he stated that, since, his father wanted to get the name of elder brother of the complainant entered into the record in respect of their land, admeasuring 4 acres, the complainant had met the accused before about 20 -25 days of the alleged offence and at that time, the accused had demanded Rs.400/ - for the same. It is also stated in the complaint that, then, on 06.01.1985, the complainant again met the accused and on this occasion also the accused demanded Rs.400/ - by the evening of 09.01.1986. Hence, a trap was arranged on the aforesaid date, wherein, the accused was apprehended and a complaint was registered against him. 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.