SHASHIKANT ATMARAM PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - original accused has preferred the present appeal under section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 31.12.2002 rendered by learned Joint District Judge and Presiding Officer, 3rd Fast Track Court, Nadiad in ACB Case No. 3 of 1998.

(2.) The short facts giving rise to the present appeal are that as the complainant wanted to get his lands amalgamated and consolidated for panchayat's pasture land, he had applied one year prior to the occurrence of the incident to the Collector. It is alleged that six months prior to the incident, Circle Inspector Mr. Gohil had come and inspected two lands. It is alleged that the appellant who was Revenue Circle Officer at Matar had inspected the land in pursuance of the application submitted by the complainant and drawn the panchnama, statement of the complainant was recorded but his signature was not obtained below it. It is alleged that the appellant - accused demanded Rs. 10,000.00 for favour of the complainant, but the complainant requested the appellant to reduce the said amount which was scaled down to Rs. 6000.00 and further the said amount was scaled down to Rs. 4000.00. As the complainant did not want to part with the said amount, he approached the ACB office on 10.9.1997 and lodged the complaint.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the charge-sheet against the appellant accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.