STATE OF GUJARAT Vs. ALJIBHAI DAYABHAI PARMAR
HIGH COURT OF GUJARAT
STATE OF GUJARAT
Aljibhai Dayabhai Parmar
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Z.K.SAIYED, J. -
(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 30.11.2000 rendered by the learned Additional Sessions Judge, Rajkot, in Special Case No.9 of 1990. The said case was registered against the present respondent original accused for the offence under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.
(2.) ACCORDING to the prosecution case, the complainant Dinesh Jaychandbhai Kothari of Rajkot was working as a Dalal for selling the plots and sheds of GIDC. As he had some customers, he approached the officers of the GIDC who demanded bribe to the tune of Rs.15,000/per shed. 25% of the said amount was given. The complainant approached the A.C.B. Office and lodged complaint about the same. After completing necessary formalities the raid was carried out, statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.
(3.) ON the basis of above allegations, charge was framed, readover and explained to the accused for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. The accused pleaded not guilty to the charge and claimed to be tried.
Thereafter, after filing closing pursis by the prosecution, further statements of accused persons under Section 313 of the Code of Criminal Procedure, 1973 was recorded. The accused persons have denied the case of the prosecution and submitted that a false case is filed against them.;
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