STATE OF GUJARAT Vs. RAMABHAI KODERBHAI VANKAR

JUDGEMENT

(1.) The appellant - State has preferred the present appeal under Section 378 (1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order dated 27.02.2004 passed by the Special Judge (A.C.B.) and Joint District and Additional Sessions Judge, Fast Track Court, Modasa (Sabalpur) (hereinafter be referred to as "the Trial Court") in Special (A.C.B.) Case No.8 of 1997 whereby the Trial Court has acquitted the original accused - respondent herein for the charges leveled against him for the offences under Sections 7, 13(1) (d) (1, 2, 3) and 13(2) of the Prevention of Corruption Act.

(2.) Brief facts of the prosecution case is that the complainant - Dinubhai Hirabhai Patel lodged the complaint with ACB Office, Himmatnagar on 09.12.1996 alleging that he was using the tractor for removing and dumping soil in the agricultural field after removing the soil from the waste land, at that time, the accused visited the site and threatened him that the land belongs to the forest department and that the complainant has no right to remove the soil. It is alleged that at that time, the complainant requested to find out some way to which the accused told that the complainant would have to pay Rs.1,000/-, and the complainant requested to reduce the amount upto Rs.500/- and thereupon, the accused reduced the amount to Rs.500/-. It is alleged that subsequent to that incident, on several occasions, the accused introduced himself as a forest officer and demanded money.

(3.) Being aggrieved and dissatisfied with the impugned judgment and order of acquittal, the State has preferred the present appeal.