LAWS(GJH)-2018-3-72

STATE OF GUJARAT Vs. THAKORBHAI GOPALJI PATEL

Decided On March 19, 2018
STATE OF GUJARAT Appellant
V/S
Thakorbhai Gopalji Patel Respondents

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 10.12.2004 rendered by learned Special Judge, Fast Track Court No.3, Valsad in Special Case No.15 of 2002.

(2.) The short facts giving rise to the present appeal are that the accused was serving as Deputy Engineer with the Gujarat Electricity Board at Dharampur, District Valsad, whereas the complainant was a resident of Village Vankal, Taluka Dharampur and was owning and occupying 17 Acres of agricultural land. The complainant had applied for two additional electricity connections in the year 1990. In pursuance thereof, on 17.01.1996, the accused had visited the agricultural field of the complainant and while carrying out the inspection of the existing connection, threatened the complainant for involving him in the theft of electricity cases and for getting released two additional connections, demanded the amount of illegal gratification of Rs.18,000/- and thereafter, asked him to pay Rs.9000/- on 08.03.1996. As the complainant was not willing to pay the said amount of illegal gratification, he lodged the complaint. Pursuant to the complaint, the officials of the Anti Corruption Bureau laid the trap on 08.03.1996, whereby the accused came to be caught red-handed along with the tainted current notes of Rs.9000/- and thereby, the accused committed an offence punishable under Section 7, Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

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