STATE OF GUJARAT Vs. PRAVINKUMAR VRUJLAL KAUSHAL

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 31.8.2004 rendered by the learned Special Judge, 3rd Fast Track Court, Sabarkantha at Himmatnagar, in Sessions Case No.1 of 1997, whereby the learned Judge has acquitted the respondents-accused for the offences punishable under Sections 7,12,13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) The short facts giving rise to the present appeal are that upon receiving instructions from the Director of Anti Corruption Bureau, Gujarat State, Ahmedabad, Mr. B.B.Jadeja - Police Inspector, Anti Corruption Bureau, Jamnagar arranged for trap at RTO Checkpost at Shamlaji. Thereafter, following all procedures, the raiding party went to Shamlaji Check post. On reaching there, the accused no.3 stopped the truck driver and called upon him at the checkpost, where the accused nos.1 and 2 were present who were serving as Government Officers. It is further the case of the prosecution that, in the presence of panch, all the accused in collusion with each other, demanded Rs.250/- from the truck driver and the accused no.1 accepted the same. Thus, the Anti Corruption Bureau, Jamnagar raided and caught red handed all the three accused. On searching the person of the accused, some currency notes and memo book were found from the accused nos.1 and 2. Thus, a complaint was filed against all the three accused for the offences punishable under Section 7,12,13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondentsaccused.