STATE OF GUJARAT Vs. RAMESHKUMAR MAGANLAL

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 25.01.2005 rendered by the learned Special Judge, 3rd Fast Tract Judge, Morbi, in Sessions Case No.2 of 1997, 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 on 04.08.1990, the appellantaccused was working as Police Constable at Tankara Police Station. At that time, the complainant was arrested for gambling offence and was later released on bail. At that time, the appellant-accused demanded Rs.250/- as an amount of illegal gratification and later recovered an amount of Rs.190/- from the complainant and his brother. Thereafter, on 08.08.1990 and 25.08.1990, the accused demanded the remaining amount of Rs.60/- from the complainant. As the complainant was not willing to pay further amount of illegal gratification, 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 respondent-accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.