STATE OF GUJARAT Vs. KAVANBEN VALJIBHAI PANDOR

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 18.10.2003 rendered by learned Special Judge, 2nd Fast Track Court, Junagadh in Special Case No.6 of 1992.

(2.) The short facts giving rise to the present appeal are that the complainant approached the respondent accused who was discharging his duty as public servant for obtaining voucher book for free travelling in ST buses as he was handicapped person and having paralysis, at that time, the respondent accused demanded Rs.150/- for issuance of such vouchers / passes. It is the case of the prosecution that the respondent accused accepted Rs.150/- against the aforesaid demand and thereby committed the offence for which the complaint came to be registered against the respondent accused.

(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.