- (1.)THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 15.3.1995 passed by the learned Special Judge, Valsad, in Special Case No.4 of 1989, whereby the accused has been acquitted from the charges leveled against him.
(2.)AS per the case of the prosecution, the appellant being pubic servant, was serving as Industrial Promotion Officer. The complainant with a view to obtain loan, approached the office of Development Commissioner and Small Scale Industries, where the accused was working and who had to make necessary recommendations to the bank for providing loan. After filling up the form of loan and after some time, on 28.10.1987, he met the accused and the accused for doing such work, demanded Rs.500/ - towards illegal gratification from the complainant. The complainant did not give such amount to the accused, therefore, he approached the ACB Office, Valsad. Thereafter, after completing necessary formalities, the trap was arranged and as per the case of the prosecution, the accused demanded and accepted the amount of Rs.200/ - from the complainant. Therefore, the complaint for the offences punishable under Sections 5(1) (d) and 5(2) of the Prevention of Corruption Act against the accused.
(3.)TO prove the case against the present accused, the prosecution has produced several documentary evidence and examined witnesses like P.W.1 Nitinbhai Bavabhai at Exhibit 24, P.W.2 Ramubhai Narsinhbhai at Exhibit 27, P.W 3 Kalyanbhai Khushalbhai at Exhibit 40, P.W 4 Amarsinh Mohanlal Yadav at Exhibit 41.
At the end of trial, after recording the statement of the accused under section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned Special Judge acquitted the respondent of all the charges leveled against him by judgment and order dated 15.3.1995.