(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 8.1.2004 rendered by learned Special Judge (ACB) and 3rd Fast Track Judge, Mehsana in Special (ACB) Case No. 15 of 1999.
(2.) The short facts giving rise to the present appeal are that the complainant was serving as driver in the Taluka Panchayat office since 1982 and he submitted the TA bills for the year 1996 for clearing the same. It is alleged that the accused demanded Rs. 1000/- for passing the said bills, out of which, the complainant paid Rs. 500/- to the appellant accused on 25.8.1998 and it was agreed to pay remaining amount of Rs. 500/- on 31.8.1998. As the complainant did not want to pay the said amount of illegal gratification, he approached the ACB office 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.