STATE OF GUJARAT Vs. MANSUKHBHAI BHALABHAI OZA

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 29.4.2004 rendered by learned Special Judge, Fast Track Court, Patan in Special ACB Case No.17 of 2000.

(2.) The short facts giving rise to the present appeal are that complainant was cultivating the land admeasuring 41.5 gunthas owned by his father, out of which 20 gunthas were sold to one Barot Natvarlal Pratapji by executing the sale deed. It is alleged that on 4.1.2000 the complainant gave xerox copy of the index of the said sale deed to the accused for mutating the name of Barot Natvarlal Pratapji for which the accused demanded Rs.5000/- which was reduced to Rs.1500/-, out of which Rs.1000/- was paid to the accused. However, the complainant did not way to pay the remaining amount of illegal gratification, he approached the ACB office, Mehsana 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.