STATE OF GUJARAT Vs. PRAVINSINH PRATAPSINH SOLANKI

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 24/06/2004 recorded by the learned Special Judge, 4th Fast Track Court, Surat in Special Case No.37 of 1994 whereby the learned Trial Judge acquitted the respondent-accused, of the charges for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) Brief facts of the case are that Mukeshbhai Rasiklal Bhatt who is the complainant wanted to construct building on plot of his relative Kanubhai Chhotubhai Dhodia/Patel. For the same, he made an application in the year 1992 and thereafter on 20/01/1994, the complainant met the accused and inquired as regard to his application. At that time, the accused demanded Rs.1,500/- and the complainant give him Rs.500/- on 20/1/1994 at 1:30 p.m.. Thereafter again the complainant met the accused in the month of February-1994 and at that time also the accused demanded and accepted Rs.500/-. Thereafter the complainant again met the accused on 15/04/1994 and at that time, the accused demanded rest of the amount of Rs.500/- and the complainant was directed to hand over the same on 18/04/1994 at his office. As the complainant was not willing to pay such bribe, he consulted the Police Inspector, ACB, Surat. Accordingly, a trap was arranged and during the course of trap, the respondent- accused was caught red handed along with the tainted currency notes and thereby offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 was registered against the respondent- accused.

(3.) Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, the respondent was arrested and, ultimately, charge-sheet was filed and submitted the same before the learned Special Judge, 4th Fast Track Court, Surat where the case was registered as Special Case No.37 of 1994. The trial was initiated against the respondent-accused.