- (1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 10.9.2004 passed by the learned Special Judge (ACB), Mehsana in Special Case (ACB) No. 20/2000, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under section 7,8,12,13(1)(d) and 13(2) of the Prevention of Corruption Act.
(2.) THE brief facts of the prosecution case are that the complainant Amrutbhai Maganbhai Desai, who is driver of Matador Taxi and is driving his Metador as a passenger taxi from Patan to Chanasma to Radhanpur High Way Road, At Mehsana. At Mehsana cross roads, occasionally one Traffic Inspector Dilipsinh was standing and before four months of complaint, he was collecting Rs. 200/ - as monthly fees in -between 1st to 10th date of each month, for not detaining his vehicle, and since last three months he is not collecting money saying that the complainant had helped in arresting the traffic officer of Patan so that you are not trustworthy so you have to give money to any of the following persons namely Thakor Ranchhodji, Chamanji or Pathuji Chaudhari at Radhanpur cross -roads. The complainant was also instructed to make the entry in their book each time after giving money. The complainant does not wants to give the money, he approached ACB Office, Mehsana and gave a complaint on 10.10.1997 in presence of Mr. Pathan, Police Inspector, ACB, Mehsana. Thereafter, the Panchas were called and the said Panchas were introduced to complainant. The complainant was instructed to give Rs. 200/ - four notes each of Rs. 50/ - and numbers of the said notes were recorded in the first part of the panchnama. Thereafter, all notes were checked under ultra violate lamp and duly checked before and after suing the anthracene powder on it. Thereafter, after following necessary procedure, the Raiding party arranged the trap and on success of the trap, detailed panchnama was drawn. The currency notes numbers were tallied with first part of the panchnama. These notes were signed by the panchas. Detailed panchnama was signed by the panchas who were there and also by the Investigating Officer. The currency notes were attached. The statements of the witnesses were recorded. Thereafter, the offence was registered and during the course of investigation, respondents were arrested and, ultimately, charge -sheet was filed against them, which was numbered as Special Case (ACB) No. 20 of 2000. The trial was initiated against the respondents.
(3.) TO prove the case against the present accused, the prosecution has examined six witnesses and also produced twelve documentary evidence. 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 trial Judge acquitted the respondents of all the charges leveled against them by judgment and order dated 10.9.2004.;