State Of Gujarat vs Ashokbhai Shankerbhai Patil

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 648

MAUNA M. BHATT
State Of Gujarat – Appellant
Versus
Ashokbhai Shankerbhai Patil – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms Jirga Jhaveri, Ld.Addl. Public Prosecutor
For the Respondent:Mr MP Shah(2418), Ms Dhruti Pandya, Ld. Advocate For Ms. Kruti M Shah(2428), Ld. Advocate

JUDGMENT :

1. This is an appeal preferred by the State of Gujarat under Section 378(3) of Code of Criminal Procedure, 1973 (“The Code” for short) against the judgment and order of acquittal dated 18.10.2006, recorded by learned Special Judge, Vadodara in Special (A.C.B.) Case No.04 of 2004, whereby the learned trial Court acquitted the respondent – accused from the charges for the offences punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (‘the Act’ for short).

2. Brief facts, leading to the present appeal, are as under: The complainant – Laxshmanbhai Tersingbhai Tathva, was resident of Village: Gambhirpura, Nava Faliya, Jetpur Pavi, Chhota Udepur, Vadodara. The complainant was having ancestral land of 12 Acres, which he was cultivating and his name was also registered in the revenue record. It was case of the prosecution that one Budhiyabhai-uncle of the complainant, had lodged a complaint against the complainant and his family in Jetpurpavi Police Station to get his share in subject land. It was case of the prosecution that respondent-accused wanted to put the complainant in the jail but one Bhimsinh Rathva interfered and pursuant to hi