KANCHANBHAI UKABHAI PATEL 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 16.4.2004 rendered by learned Additional Sessions Judge, 2nd Fast Track Court, Surat in Special Case No.5 of 1992.

(2.) The short facts giving rise to the present appeal are that the complainant applied for sanction of loan and in order to easing out the sanction of loan, he approached the appellant accused on 23.1.1991, at that time, the appellant accused demanded Rs.200/- 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 chargesheet against the appellant accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.