STATE OF GUJARAT Vs. GANDALAL HARGOVINDBHAI NIMAVAT

JUDGEMENT

(1.) HEARD learned APP Mr.K.C.Shah for the State and Mr.Premal S.Rachh for the respondent. Leave to appeal granted. Appeal admitted. Learned advocate Mr.Rachh waives service for the respondent. At the request of learned advocates for the parties, the matter is taken up for final hearing today.

(2.) THIS appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by Special Judge and Fast Track Court No.6, Jamnagar on 8.10.2004 in Special Case No.12 of 1998, whereby the present opponent came to be acquitted for the charges levelled against him under Sections 7, 13(1) and 13(2) of the Prevention of Corruption Act, 1988.

(3.) THE prosecution case is such that the accused Gandalal Hargovind Nimavat who was working in the Treasury Office came along with his uncle's son Ramshi Kanaji Sodha and stated that the pension which is obtained by the complainant's mother is bogus and the name of complainant's father which had been mentioned and the name mentioned in the Government records is different and that he will have to repay the amount and the case will be filed against him. To this, the complainant asked the accused to settle the matter instead of all these troubles and the accused demanded Rs.3,000/ - which was ultimately settled for Rs.2,000/ -. The complainant paid the amount as planned. Thereafter, the accused again demanded Rs.5,000/ - which also was paid by the complainant.