R.P. Dholaria, J.

1. The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 8.8.2008 rendered by learned Additional Sessions Judge, 2nd Fast Track Court, Panchmahal at Godhra in Special A.C.B. Case No. 1 of 2006.

2. The short facts giving rise to the present appeal are that the complainant gave a complaint on 28.3.2005 to the effect that he was residing at village Chelavada and doing agriculture business so also possessing two jeep cars which were using in transportation between Halol and Chelavada and which were plying into the limits of Rajgadh and Halol Police Station. It is alleged that the respondent accused who was PSI of Rajgadh Police Station was demanding Rs. 500/- per jeep from the complainant, but the complainant was not giving the same. It is alleged that on 27.3.2005 while the complainant was standing near the temple of Babadev, at that time, the respondent accused demanded Rs. 500/- per jeep from the complainant and as the complainant did not give the amount, his both the jeeps were detained and memo was issued. It is alleged that as the