STATE OF GUJARAT Vs. DIPUJI NAVUJI RATHOD

JUDGEMENT

(1.) THIS appeal is preferred by the State under Section 378(1)(3) of the Code of Criminal Procedure against the judgment and order delivered by Special Judge, Ahmedabad (Rural), Fast Track Court No.10, Gandhinagar on 26.3.2004 in Special Case(A.C.B.) No.2 of 1998, whereby the present opponent came to be acquitted for the charges levelled against him under Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) THE prosecution case is such that information was received by the complainant's office that bribes were demanded by Local Police Officer, R.T.Officer and Forest Officer from truck and loading drivers while they were passing from the border of Ahmedabad Rural and Gandhinagar under the guise of entry fee. Therefore, the complainant Police Inspector Mr.Vaishnav carried out raid along with the raiding party. In the said raid, one driver Vasanaji was given currency note of Rs.100/ - with anthracene powder applied on it and on demand from the accused Kanaiyalal Pranlal Patel, he handed over the said currency note to him and the raiding party caught the accused Kanaiyalal Pranlal Patel and Dipuji Navuji Rathod who was present there at that point of time.

(3.) THEREAFTER , the complainant P.S.I., filed the complaint and after the investigation, filed the charge sheet. Pursuant to the charge sheet, the learned Court issued summons to both the accused. The summons issued to accused _ Kanaiyalal Prandas Patel returned with the endorsement that he died on 3.7.2001 and, therefore, the case was abated against the said accused vide order dated 5.12.2003 and the case against the other accused Dipuji Vanuji Rathod proceeded further.