STATE OF GUJARAT Vs. AMRATBHAI ZINABHAI CHAPANERIA

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 30.11.2004 rendered by learned Special Judge, 3rd Fast Track Court, Valsad in Special Corruption Case No.35 of 2002 (Old Case No.6 of 1999) .

(2.) The short facts giving rise to the present appeal are that the respondent accused was working as Taluka Surveyor in the year 1999 and he was discharging his duties at Valsad. It is alleged that the complainant was in possession of the land at Sonwada and the said land was to be measured and therefore the complainant requested the accused to measure the area of the land. However, the respondent accused demanded money from the complainant. As the complainant did not want to pay the amount of illegal gratification, he approached the ACB office and lodged the complaint.

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