DINMAHMAD DOSTMAHMAD BALOCH Vs. STATE OF GUJARAT

JUDGEMENT

(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 30.8.2002 rendered by learned Special Judge, Jamnagar in Special Case No. 9 of 1989.

(2.) The short facts giving rise to the present appeal are that there was quarrel between complainant - Dhaniben Tapubhai and other persons and hence both the parties were admitted in the hospital at Khambhalia and, therefore, the police has recorded their complaints. It is alleged that on the next day, the police personnel called the complainant in Khembhalia Police Station. It is alleged that on the third day, the complainant went to the police station where all the three persons were present, out of which, one Gul Mamad demanded Rs.2000.00 for release on bail from the complainant but the said amount was scaled down to Rs.1000.00 and hence the complainant paid Rs.300.00 to Gul Mamad. It is alleged that on 6.3.1989, said Gul Mamad told the complainant to pay Rs.700.00 at Vadinar Police Chowky. As the complainant was not willing to pay the amount of bribe, she approached the ACB office on 7.3.1989 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.