HARISINH PARBATSINH VAGHELA 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 14.9.2004 rendered by learned Special Judge, (ACB, Fast Track Court No. 2), Ahmedabad (Rural), Ahmedabad in Special Case (ACB) No. 4 of 1997.

(2.) The short facts giving rise to the present appeal are that the complainant is holding the agricultural land as well as two jeeps and both the vehicles are being plied on rent through the driver and when there vehicles are not on rent, the same are being plied from Dhandhuka to Barwala for passengers. It is alleged that since both the vehicles are being plied frequently for passengers, the police personnel of Barwala Police Station demanded Rs. 1500/- towards illegal gratification. As the complainant did not want to give the said amount of illegal gratification, he lodged the complaint before the ACB office.

(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.