STATE OF GUJARAT Vs. BHAILALBHAI UKEDBHAI BARIA

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 07.01.2006 rendered by the learned Presiding Officer,6th Fast Track Court, Vadodara in Special Case No.1 of 2000, whereby the learned Judge has acquitted the respondent-accused for the offences punishable under Sections 7, 13(1) (d) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) The short facts giving rise to the present appeal are that the complainant contacted the accused, who was working at the relevant time as Talati-cum-Mantri in Ladhod panchayat for the purpose of bringing the name of the complainant as a heir in the panchayat record in place of his father, who expired. Thereupon, the accused demanded Rs.1000/- from the complainant as illegal gratification, which came to be scaled down to Rs.700/-. Thereafter, the complainant paid Rs.500/- to the accused. As the accused had not done the work within the time as agreed between them, the complainant further met the accused and asked about the work, wherein the accused demanded rest of the amount of Rs.200/-, which was required to be paid. As the complainant was not willing to pay the said amount of illegal gratification, he approached the Anti Corruption Bureau, Vadodara, and he lodged the complaint and a trap was laid wherein the accused came to be caught red handed along with tainted currency notes and thereby the accused committed offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.

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