DIGVIJAYSINH MAHENDRASINH JADEJA Vs. STATE OF GUJARAT

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 06. 03. 2004 rendered by learned Special Judge (ACB), Fast Track Court, Mehsana in Special ACB Case No. 13 of 2000.

(2.) As per the prosecution version, the complainant is the resident of Village Dingucha, Taluka Kalol, District Mehsana and having his own agricultural land in the name of his father, he had applied for seeking loan for the purpose of purchasing the tractor and trailer with the Land Development Bank at Kalol where the accused was serving as the Supervisor who was to process the said application for sanctioning the loan. At that time, the accused initially demanded Rs. 4500/- as fees towards sanction of the loan which was scaled down to Rs. 3500/-. As the complainant was not ready to pay the aforesaid amount, he lodged the complaint before the Anti Corruption Bureau. During the course of trap, the accused was caught raid-handed with the tainted current notes and thereby, he committed the offence punishable under section 7 and section 13(1) (d) read with section 13(2) of the Prevention of Corruption Act, 1988.

(3.) 1 In order to bring home the guilt, the prosecution has examined five witnesses and also produced seven documentary evidences.