STATE OF GUJARAT Vs. GOVINDBHAI MAHIPATRAM PATEL

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 28.11.2006 rendered by learned Additional Sessions Judge &Special Judge, ACB, Fast Track Court No.2, Ahmedabad (Rural) Ahmedabad in Special ACB Case No.31 of 2003.

(2.) The short facts giving rise to the present appeal are that the complainant purchased the land vide registered sale deed and the said land was required to be transferred in the name of the complainant in the record of the panchayat office and hence the complainant met the respondent accused who was serving as Talati-cum-Mantri in the office of the gram panchayat. It is alleged that the respondent accused demanded Rs. 3000/- being an amount of illegal gratification which came to be reduced to Rs. 2500/-. As the complainant did not want to give the said amount of illegal gratification, he approached the ACB office, Gandhinagar and lodged the complaint.

(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.