STATE OF GUJARAT Vs. BHAGUBHAI CHHAGANBHAI GHODIA PATEL

JUDGEMENT

(1.) HEARD learned APP Mr. Dave.

(2.) THIS is an appeal preferred by the State against acquittal of the respondent for the charges of corruption levelled against him recorded by learned Presiding Officer, Fast Track Court No. 1, Valsad in judgment and order dated 15th June, 2005 in Special (Corruption) Case No. 65/02 (6/95 ). 2. 1 One Dilipbhai Raviyavhai, resident of Kaapariya village lodged an F. I. R. with the Valsad Rural Police Station alleging that his wife was raped. The said F. I. R. was lodged on 25th August, 1994. An officer from the Social Welfare Department had met him in this connection and had asked him to meet accused - Bhagubhai Chhaganbhai Dhodia Patel. He, therefore, went alongwith his wife to the office of Social Welfare. He was informed by the accused respondent herein that they are entitled to a compensation of Rs. 10,000. 00 from the Government because of the incident but for that purpose, a caste certificate would be necessary and for that purpose, they will have to give him Rs. 3,000. 00. The complainant then told the accused respondent that he does not have money and, therefore, they may be issued the cheque and they would give the money after encashing the same. He was told by the respondent that they may come back with the caste certificate and then cheque would be handed over. Thereafter, they were issued cheque for Rs. 10,000. 00 and it was deposited in the bank account. The accused was alleged to have told the complainant to pay Rs. 3,000. 00 after withdrawing the money. Thereafter, on 11th November, 1994, the complainant and his wife went to Valsad to withdraw Rs. 1,500. 00 and while going towards the Social Welfare Office, the accused respondent approached them and inquired as to what had happened to the cheque. At that time, the complainant informed him that the cheque was deposited. The complainant requested Bhagubhai to reduce the amount but Bhagubhai insisted for Rs. 3,000. 00. Ultimately, it was decided that Bhagubhai would approach the complainant on 14th November, 1994 in the afternoon at the xerox shop of Prakashbhai and the complainant was told by the accused respondent that he may be summoned from his office and he would collect the money. Thereafter, the complainant approached the ACB Police Station and lodged the F. I. R. on 14th November, 1994 giving the details as stated above and indicated that he does not want to pay the amount of bribe.

(3.) A trap was set after treating the currency notes with anthracene powder and when actual raid was conducted, it was found that the notes treated with anthracene powder were found from the pocket of the accused; that there were marks of anthracene powder on the edge of the pocket and inside the pocket but there were no marks of anthracene powder on his hands or fingers. A panchnama was drawn and ultimately, the accused came to be prosecuted.