STATE OF GUJARAT Vs. RADHESHYAM BALDEVBHAI

JUDGEMENT

(1.) The appellant 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 23.06.2005, rendered by learned Special Additional Sessions Judge, Fast Track Court No.1, Bhavnagar in Special (ACB) Case No. 10 of 1999, wherein the accused has been acquitted for commission of the offences under Sections 7, 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988 (for short "the Act").

(2.) The short facts giving rise to the present Appeal are that Complainant - Aniruddhsinh Rawatsinh Solanki, resident of Village - Padra, Taluka - Talaja wanted character certificate. Therefore, he approached accused - Radheshyam Baldevbhai, who was serving in Vartej Police Station. For issuance of the said certificate, the accused demanded Rs. 50/- from the complainant. As he was not willing to pay the said amount of bribe, he lodged the complaint before the A.C.B., Police Station. After following necessary formalities in respect of trap, the trap was conducted on 21.05.1999. The accused was caught red-handed while accepting the amount towards illegal gratification. Hence, the complaint came to be lodged against the appellant - accused for the offence punishable under Sections 7, 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the charge-sheet against the accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.