STATE OF GUJARAT Vs. JASWANTSINGH PRATAPSINGH GOHIL

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 31.1.2005 rendered by learned Special Judge, Fast Track Court, Valsad in Special (Corruption) Case No.38 of 2002.

(2.) The short facts giving rise to the present appeal are that the respondent accused was serving as Police Sub Inspector, Valsad Rural Police Station. It is alleged that as the wife of complainant Ramesh was indulging into selling of country made liquor and the accused used to collect installments for permitting her to carry on such illegal business, initially, it was for Rs.2000.00, then it was increased to Rs.3000.00 and again while the complainant met the accused on 23.8.1999, the accused raised such installment to Rs.4000.00 and collected Rs.2000.00 from the complainant was directed to hand over Rs.2000.00 on 25.8.1999. As the complainant was not willing to pay the amount of illegal gratification, he lodged the complaint. The trap was arranged and during the course of trap, the accused was caught red handed.

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