STATE OF GUJARAT Vs. KRISHNALAL G PANDYA

JUDGEMENT

(1.) THE present appeal has been filed by the State of Gujarat challenging the judgment and order dated 30.4.1987 passed by the learned Sessions Judge, Bhavnagar in Special Case No. 4 of 1984, acquitting the present respondent - original accused for the offence punishable under Section 161 of IPC and under Section 5(2) of Prevention of Corruption Act.

(2.) THE complainant Gafar Bachu used to make sale of cracker near Havmor Chowk, Bhavnagar. He is also involved in seasonal business. He is making sale of fruits and sometime he used to paddle rickshaw.

(3.) ON 03.11.1983 at about 10=00 A.M accused as well as Nathubha constable came to him and asked him to remove his Lari and cracker. It was Diwali time and complainant requested accused as well as constable Nathubhai, to allow him to stay near the Havmor Chawk for 4 -5 days. Complainant offered to him five rupees for tea purpose, but accused demanded Rs.20/ - for allowing him to stay with his lari near Havmor Chawk. As per complainant, he said, he does not have Rs.20/ - just now but he will give Rs.20/ - in the evening.