STATE OF GUJARAT Vs. JAYANTIBHAI KALIDAS SOLANKI

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 15.4.2005 rendered by learned Special Judge, Bharuch in Special Corruption Case No.5 of 1999.

(2.) The short facts giving rise to the present appeal are that on 28.11.1998, when the complainant was taking meal at Kevadiya, at that time, the accused person who was serving in Rajpipla Police Station came with one police man there and told the complainant that one criminal case was lodged against the complainant and that the complainant absconded and hence, they came to arrest him. It is alleged that the accused told that they would arrest the complainant and take the remand and hence the complainant requested to settle the matter. It is alleged that therefore the accused demanded Rs.5000/- for the said settlement being the amount of illegal gratification. It is alleged that the complainant requested to reduce the said amount to Rs.3000/- which was later on requested to be reduced to Rs.2000/-. It is alleged that the accused denied to receive less amount. As the complainant did not want to pay the said amount, he lodged the complaint before the ACB office, Bharuch against the accused person.

(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.