STATE OF GUJARAT Vs. DAHYABHAI HIRABHAI SOLANKI

JUDGEMENT

(1.) The present Appeal is directed against the impugned judgment an order dated 3.12.2001 in Special (ACB) Case No.6 of 1998 by the learned Special and Additional Sessions Judge, Panchmahals at Godhra recording the acquittal.

(2.) The facts of the case briefly summarized are that the Respondent No.1 / Original Accused No.1 ("A-1") was serving as Talati-cum-Mantri in or about December 1997 and the Respondent No.2 / Original Accused No.2 ("A-2") is the uncle residing in his neighbourhood. The complainant having land jointly with his uncle and cousins at village Badroad wanted to have brick manufacturing, for which, he require entry in the revenue record regarding the land. He had therefore approached A-1, and A-1 is said to have stated that, if he want the copies of the entry, he may have to pay Rs.700/-. Thereafter again he met A-1, and when it was suggested that he may pay Rs.100/- and the remaining amount of Rs.600/- subsequently when the copies are prepared, the complainant had paid Rs.100/-. The A-1 is said to have asked the complainant to collect the copies from his house next Saturday and may pay the remaining amount of Rs.600/-. Thereupon, the complaint was lodged by the complainant at ACB, Godhra and the trap was arranged. On the basis of the trap, the aforesaid Special (ACB) Case No.6 of 1998 has been registered and the learned Special Judge proceeded with the trial.

(3.) After the recording of the evidence of the prosecution witnesses were over, the learned Judge has recorded the further statement under Section 313 of the accused and passed the impugned judgment and order recording the acquittal.