STATE OF GUJARAT Vs. SHRIMATI NIRMALABEN MANUBHAI JAYSWAL

JUDGEMENT

(1.) BY way of present appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 30.3.1993 passed by the learned Special Judge, Vadodara, in Special Case No.1 of 1988. The said case was registered against the respondentà ¯ ¿ 1/2original accused for the offences punishable under Section 165(A) of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, in the area of Wadi Police Station in Baranpura locality Manu Jayswal @ Manu Khapatiya alongwith his wife were doing liquor business at their residence and Manu was a bootlegger. At that time he was suffering from cancer and therefore, his wife was very much active in the liquor business. She had told the complainant that she is dealing in liquor business and therefore, he should not interfere in the same and whatever money is to be given she will pay the same. He further states that as per her talk with him for continuance of her liquor business he had told her to give Rs.1,000/ to Rs.1,500/. Therefore, the wife of Manubhai Jayswal had offered him Rs.1,000/ to Rs.1,500/ for continuance of the liquor business. He further states that he does not want to accept such illegal gratification or any other thing. On receipt of the complaint the concerned Officer has arranged for trap. After completing necessary formalities the raid was carried out, accused was caught red handed and statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge charge sheet was filed.

(3.) IN order to bring home the charge levelled against the respondent accused, the prosecution has examined witnesses and also produced documentary evidence on record of the trial Court.