STATE OF GUJARAT Vs. DELIPSINH LAXMANSINH RATHOD

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 8.8.2008 rendered by learned Additional Sessions Judge, 2nd Fast Track Court, Panchmahal at Godhra in Special A.C.B. Case No.1 of 2006.

(2.) The short facts giving rise to the present appeal are that the complainant gave a complaint on 28.3.2005 to the effect that he was residing at village Chelavada and doing agriculture business so also possessing two jeep cars which were using in transportation between Halol and Chelavada and which were plying into the limits of Rajgadh and Halol Police Station. It is alleged that the respondent accused who was PSI of Rajgadh Police Station was demanding Rs. 500/- per jeep from the complainant, but the complainant was not giving the same. It is alleged that on 27.3.2005 while the complainant was standing near the temple of Babadev, at that time, the respondent accused demanded Rs. 500/- per jeep from the complainant and as the complainant did not give the amount, his both the jeeps were detained and memo was issued. It is alleged that as the complainant had asked the respondent accused to reduce the said amount, it was scaled down to Rs. 400/- per jeep. As the complainant did not want to pay the said amount towards illegal gratification, the complaint came to be lodged 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.