MAHESHKUMAR GOBARDAS DARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 30.12.2003 rendered by learned Special Judge (ACB), (Fast Track Court), Mehsana in Special (ACB) Case No.10 of 1997.

(2.) The short facts giving rise to the present appeal are that the revenue entry was to be effected and, therefore, the complainant approached the present appellant in Gram Panchayat office and demanded village form No.7 and 12. It is alleged that the appellant demanded Rs.3000/- for this purpose and the same has been paid by the complainant. It is alleged that in August 1996 when the complainant demanded village form No.7 and 12 from the appellant for which the appellant demanded Rs.10,000/- which was also given and thereafter also, demand was made for Rs.70,000/- for the owner of the land which also has been paid by the complainant. It is alleged that the complainant met the appellant at S.T.Bus Depot and the complainant was given village form No.7 and 12 which were old one. It is alleged that on 10.2.1997 the complainant met the appellant and demanded village form No.7 and 12, land account book and fresh village form No.7 and 12, at that time, the appellant demanded Rs.1000/-. It is alleged that since the complainant did not desire to give any amount to the appellant accused, the complainant approached the ACB office on 15.2.1997 and the trap was arranged. Hence, the complaint came to be lodged against the appellant accused.

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