- (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 12.7.2005 rendered by the learned Special Judge (Prevention of Corruption) Fast Track Court No.4, Jamnagar, in Special Case No.9 of 1993. The said case was registered against the present respondents original accused for the offence under Sections 7, 12 and 13(1)(2) of the Prevention of Corruption Act.
(2.) According to the prosecution case, Investigating Officer G.J.Yadav, Police Inspector, ACB, Rajkot received secret information about the offence. Upon receiving the information running trap was arranged. The running trap was arranged on 30.9.1992 with the help of a decoy. It is the case of the prosecution that near Vijay ParotaHouse four trucks came. They were the trucks of Sardarji. Sukchainsingh was engaged as punter. The anthracene powder was smeared with the currency note of Rs.200/. The P.W. No.1 set near the punter and he had to watch the transaction and hear the conversation between the punter and the accused persons. The Police Inspector came on motorcycle. The said amount was demanded by the respondent accused. The amount of Rs.200/ was received by the respondents accused from the punter and the amount was recovered. The respondent No.1 was caught redhanded. The respondent No.2 ran away from the scene of offence. The witness on saying that amount is given, the respondent No.2 run away. The accused No.1 was caught at the spot. They tried to set accused No.1 in the cabin of truck but the said accused escaped from the driver side. Police Constable had run in the thorny bushes but he could catch the accused. The respondents are the public servants. Two panch witnesses were called. From the HeroHonda Motorcycle copy of TownBook, N.C.Book and badge were recovered. The 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, 12 and 13(1)(2) of the Prevention of Corruption Act. The accused pleaded not guilty to the charge and claimed to be tried.;