STATE OF GUJARAT Vs. RAJENDRA HARPALSINH THAKUR

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat under Section 378 (3) of the Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 31/03/2010 recorded by the learned 5th Additional District and Sessions Judge in Special (ACB) Case No.9 of 1996 whereby the learned Trial Judge acquitted the respondent-accused, of the charges for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) Brief facts of the case are that respondent accused was serving as Civil Supervisor in Surat Mahanagarpalika. At the relevant time, construction work in plot no.41 and 42 of the complainant was going on and accordingly, accused was called by the complainant in respect of said construction work and demanded Rs.6,000/- as illegal gratification and directed the complainant to keep the same ready to be collected by him on 07/07/1995 from his office. As the complainant was not willing to pay such bribe, he approached the ACB, Surat and lodged the complaint. Accordingly, trap was arranged and during the course of trap, the respondent-accused was caught red handed along with the tainted currency notes of Rs.3,000/- and thereby offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 was registered against the respondent-accused.

(3.) Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, the respondent was arrested and, ultimately, charge-sheet was filed and submitted the same before the learned 5th Additional District and Sessions Judge, Surat where the case was registered as Special (ACB) Case No.9 of 1996. The trial was initiated against the respondent.