R.S.SARKARIA, P.N.SHINGHAL
Chaturdas Bhagwandas Patel – Appellant
Versus
State Of Gujarat – Respondent
R.S.SARKARIA, J.
(1) THE appellant in this appeal was accused No. 2 in the trial court. He was a Head Constable (Jamadar) posted at the relevant time in police station, Zinzuwada. His coaccused (No. 1) was a Police Sub-Inspector posted in the same station. One Bai Sati, was alleged to have been abducted by Ghanshamsinh alias Ghanuba. She was in the police station on July 10 and 11, 1968. Accused No. 1 recorded her statement and thereafter asked one Fatehsinh (Public Witness 7) to bring and produce his cousin Ghanshamsinh . Fatehsinh accordingly produced Ghanshamsinh before accused No. 1/07/1968. Accused No. 1 directedthe appellant to take charge of Ghanshamsinh. The appellant did likewise and told Ghanshamsinh that if he wanted to get rid of the charge, he should gratify the Sub-Inspector. The appellant backed up the suggestion with a threat to handcuff Ghanshamsinh and put him in the police lock-up. The appellant further demanded a bribe of Rs. 2,000.00. At first Ghanshamsinh expressed his inability to pay the amount. Ultimately at the intervention of accused No. 2, the demand was scaled down to Rs. 1,000.00 and it was agreed that out of the amount, a sum of
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