STATE OF GUJARAT Vs. DAHYABHAI CHIMANLAL RANA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 21.7.2001 passed by the learned Special Judge and Addl. Sessions Judge, Panchmahals at Godhra in Special Case No. 2/1999, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 13(1)(d) read with section 13(2) of the of Prevention of Corruption Act.

(2.) THE brief facts of the prosecution case are that the respondent accused was serving as Pracharak in the Social Welfare Department of the Kalol Taluka Panchayat and as such he was a public servant at the relevant point of time. That the complainant - Shanabhai Nayak had made an application in the year 1997 for financial help for the purpose of starting a business of vegetable. That the complainant came to know that anamount of Rs. 1000/ - was sanctioned as a help to him and on inquiry with the office of the Social Welfare Department, Godhra, he came to know that the cheque of the said amount was forwarded to the Taluka Panchayat office. That on 14.5.98, the complainant along with one Shri Zerabhai Revabhai, met the respondent -accused. However, the respondent accused informed them that the amount of the aforesaid cheque would be given to him provided he pays Rs. 200/ - to the accused. The complainant informed him that he would pay the amount of Rs. 200/ - to the accused. The complainant informed him that he would pay the amount of Rs. 200/ - to the accused on encashing the amount of cheque. However, the accused insisted that only on giving Rs. 200/ - to him the cheque would be given. Therefore, as the complainant did not want to pay the said amount to the accused, he approached ACB, Godhra and filed the necessary complaint before him. Thereafter, Panchas were called. Panchas were introduced to complainant. Police Constable Kirtanbhai explained the anthracene powder treatment properly and working of Ultra violet lamp. Thereafter, after following necessary procedure, the Raiding party started from Godhra to Kalol. Complainant, panch no. 1 accompanied the complainant to go to the office of the Taluka Panchayat. Panch no. 2 remained with the raiding staff. The complainant told the respondent that I had come for cheque. Thereafter respondent replied that your cheque is with me and asked the complainant that he had come with money. The complainant had said yes and gave Rs. 200/ - to the respondent which the respondent had put in his pocket of the shirt. Thereafter, the complainant gave signal which was earlier decided and was instructed to show. On seeing the signal, the raiding party rushed there. Thereafter, in presence of panchas, the said currency notes were seized. All these notes were shown in the lamp light which showed shining bluish powder. On the shirt of the accused powder marks were found. The hands of the accused when seen in lamp, showed anthracene powder marks. Detailed panchnama was drawn. The currency notes numbers were tallied with first part of the panchnama. These notes were signed by the panchas. Detailed panchnama was signed by the panchas who were there and also by the Investigating Officer. The currency notes were attached. The statements of the witnesses were recorded. Thereafter, the offence was registered and further investigation was carried out by the Nadiad ACB. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him, which was numbered as Special Case No. 2 of 1999. The trial was initiated against the respondent.

(3.) TO prove the case against the present accused, the prosecution has examined witnesses and also produced documentary evidence.