STATE OF GUJARAT Vs. DOLARRAI TRIKAMBHAI VAGHELA

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 6.1.2004 passed by the learned Special Judge, Gandhidham - Kutchchh in Special Case No. 2 of 1999 whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 5(2) of Prevention of Corruption Act.

(2.) The brief facts of the prosecution case are that the accused was working as Medical Officer at village Lakadia, Taluka Bhachau. That on 22.9.1984, when complainant had gone for treatment, the accused had demanded a bribe of Rs. 15/- from the complainant. Therefore, a complaint was lodged which is at Ex. 27. In accordance with the standard procedure for trap cases, arrangement for panchas was made and usual test of anthracene powder was carried out, explaining the panchas and the complainant, how anthracene powder works. On receiving such signal, members of the raiding party along with other panchas, were to take further action.

(3.) To prove the case against the present accused, the prosecution examined witnesses and also produced documentary evidence which has been thoroughly gone through by this Court.