STATE OF GUJARAT Vs. KHUSHALBHAI RAMJIBHAI PARMAR

JUDGEMENT

(1.) The 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 15.02.2005 rendered by the learned Special Judge (ACB), Bharuch, in Special Case (A.C.B.) No.7 of 2003, whereby the learned Judge has acquitted the respondent-accused for the offences punishable under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ('the Act' for short).

(2.) The short facts giving rise to the present appeal are that the complainant-Shabirbhai Mohamadbhai Tekrawala the owner of the Rickshaw bearing No.GJ-16-V-542 was providing to and fro transportation to the passengers between Ankleshwar and Hansot. On 19.12.2002 at about 8:30 hrs when he reached Hansot circle the passengers got down from the rickshaw and he was waiting for other passengers at that place. At that time Police Constables Kushalbhai and Himatbhai were discharging their duties as traffic police at Hansot came near to his rickshaw and constable Kushalbhai asked him what is in his mind. They alleged tha the was overloading his rickshaw and taking passengers to and fro and not paying any Hafta (installment) to them. Therefore they asked him to disclose his mind, whether he wanted to give Hafta or he wanted memo from them. The complainant told them that he was not bringing th epassengers by overloading his rickshaw. He was also not giving any hafta to them. However, if they want any hafta he would give the same to them. He asked them how much monthly hafta he was to give to them. Police Constable Hmatbhai told him that all the rickshawallas pay Rs.500/- per month. Therefore, he was also to pay Rs.500/-. Ultimately they asked him to pay Rs.300/- per month. Eventhough the complainant was nto interested in paying th esame he agreed for the same. Thereafter Kushalbhai asked him to pay the installment of that month immediately. In response thereto the complainant told that he was not having that much money with him, therefore he asked two days time for making necessary arrangements. Kushalbhai asked him to make payment of the same next day between 2:00 to 4:00 pm at the chowky situated near the circle. As the complainant was not interested in making the payment on 20.12.2002 at about 10:30, he registered a complaint at ACB Office, Bharuch and a trap was arranged and the complainant alongwith the Panch, witness and ACB officials went to the traffic point near Hansot circle, Jakatnaka. At about 14:40 hrs in the presence of Panch No.1 the respondent No.2 - Police Constable, Himatbhai demanded bribe amount of Rs.300/- and asked the complainant to pay the same to accused No.1- Police Constable-Kushalbhai. Accordingly complainant gave the said bribe amount to accused No.1 and he was caught red handed in the presence of the Panchas. Accordingly, an offence was registered vide C.R.No.1 of 2004 in the office of ACB, Bharuch by Police Inspector Shri R.D.Marathi for the offence punishable under sections 13(1) (d) and 13(2) of the Act.

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