STATE OF GUJARAT Vs. CHHOTALAL CHATURBHAI NAYI

JUDGEMENT

(1.) Judgment and order dated 16/04/2004 passed by the learned Special Judge, Fast Track Court, Patan in Special ACB Case NO.13 of 2002 recording acquittal for the respondent for the offences punishable under Sections 7, 12, 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short the Act) is assailed in this appeal.

(2.) The complainant came out with the case in his complaint that he was a jeep operator plying passengers from one place to other for fare. Since two months, before the date of the complaint, accused -Chhotulal met him near Patan busstand laying fetters to ply the jeep in absence of the installment of Rs.300/ a month. He told him that in absence of the payment, case would be registered against him. After unsuccessful negotiation, he paid Rs.300/ to him. He also pleaded in the FIR that on 25/10/1999, accused-Chhotubhai met him again and reiterated the demand of Rs.300/ towards installment. The complainant had Rs.200/ only which he paid and promised to pay the remaining Rs.100/ later. The accused allegedly told him that remainder may be paid to him on 03/11/1999 between 9:00 a.m. and 2:00 p.m. near Patan Bus Stand.

(3.) The complainant has narrated similar such demands by other Constable, Vishnubhai two months since the date of FIR. He told him that in absence of installment of Rs.350/ out of which he would pay Rs.100/ to one Goswami, a Police Official, he would not permit him to ply the jeep and the jeep would be seized. Upon unsuccessful negotiation, he complied with the demand and paid Rs.350/ to Vishnubhai. The complainant, thereafter, states that said Goswami and Vishnubhai met him on the date of the complaint in the morning and told him not to ply his vehicle in absence of payment of Rs.350/. The complainant was asked to pay Rs.350/ between 9:00 a.m. and 2:00 p.m., by 03/11/1999. As he was not inclined to pay anymore, the complaint was lodged.