STATE OF GUJARAT Vs. PRAVINSINH

JUDGEMENT

(1.) This is an Appeal preferred by the State of Gujarat under Section 378 of the Criminal Procedure Code to challenge acquittal of the respondents in Special Case No.8 of 1988 by the Presiding Officer, Special Court Ahmedabad (Rural) by judgment and order dated 12.7.1991 where they came to be tried for offences punishable under Sections 161 and 165A of Indian Penal-Code and under Section 5 Subsection (1)(d) of the Prevention of Corruption Act. The case against the respondents -original accused was that complaints were received by the Director of Anti-Corruption Bureau that bribe is demanded from the driver/owner of the truck carrying cattle from Saurashtra to South Gujarat like Jetput, Gondal, Atkot, Jasdan, Vichhiya, Paliyad, Raipur, Dhandhuka, Bagodara, Vadodara etc. by either Police Personnel of from the Regional Transport Authority. On the basis of such information complaint was lodged and it was decided to have raid with at decoy trap. The panch witnesses were called who showed their readiness to participate in such a running trap and on the date of incident i.e. 26.9.1987 such a trap was arranged with the help of the driver of truck No. GTG- 2619 who agreed to work as decoy. A preliminary panchnama in this regard was drawn at Nani Parabdi Seva Sahkari Mandli's Office where five currency notes of denomination of Rs. 20/- and ten notes of denomination of Rs. 10/- were treated with anthracene powder and put in the pocket of driver- Bhanubhai Devdanbhai Ahir, who was directed to give these notes if such demand is made on the way and then to give a signal to the members of the raiding party. When the truck reached near Dhandhuka cross roads at about 5:25 a.m. on 26.9.1987 it was intercepted by two persons wearing uniform and one person in plain clothes who ultimately turned out to be accused Nos.2 and 3 and accused No. 1 respectively. An amount of Rs. 20/- was demanded from the driver - Bhanubhai Devdanbhai Ahir by them, The driver requested to exempt him in light of the drought situation but they persisted their demand. The driver, therefore, took out a currency note for denomination of Rs. 20/- which was put in his pocket after treating with the anthracene powder and gave it to person in uniform. It is, however, the case of the prosecution that the person not in a uniform intervened and took that money from the driver and put it in his pocket. He was accused No.1. The driver of the truck gave signal to the raiding party by clearing his throat loudly and the members of the raiding party immediately went there. The accused No. 1 was caught on the spot whereas accused Nos. 2 and 3 fled away. It is the case of the prosecution that accused No.1 was then taken to the official jeep car, was made to sit, was examined under anthracene powder and panchnama was drawn on the spot. Thereafter, the accused No.1 was taken to the ACB office, and was formally arrested and other procedure followed. The accused Nos. 2 and 3 came to be arrested later on and T.I. Parade was conducted on 10.12.1987 where they were not identified by any of the witnesses. Ultimately charge-sheet was filed and the respondents came to be tried before the trial Court. The trial Court framed charge against the accused persons to which they pleaded not guilty and came to be tried. The trial Court after considering the evidence led before it came to the conclusion that the prosecution was not successful in establishing the charge against the accused persons and recorded their acquittal. Against the said acquittal present Appeal is preferred.

(2.) When the Appeal came up for admission hearing on 8.4.1992 this Court admitted the Appeal only in respect of the original accused No.1 Respondent No, 1 - Pravinsinh Mohansinh and dismissed it in respect of other two accused persons, namely, Vikramsinh Amarsinh and Abdulbeg Umravbeg.

(3.) This Court is, therefore, required to examine the Appeal only in respect of original accused No.1 -Respondent No.l herein.