State of Gujarat vs Keshavji Lakhmanbhai Dobariya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 253

S. V. PINTO
State of Gujarat – Appellant
Versus
Keshavji Lakhmanbhai Dobariya – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Bhargav Pandya, APP
For the Respondent: Dharmesh D Nanavaty

JUDGMENT :

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 29.11.2005 passed by the learned Special Judge, Fast Tack Court No. 6, Gondal (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 3 of 2000, whereby, the learned Trial Court has acquitted the respondent from the offences punishable under Sections 7, 13(1) (d) and 13(2) of the Prevention of Corruption Act. The respondent is hereinafter referred to as ‘the accused’ as he stood in the original case, for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:

2.1. That the accused was working as a Talati-cum-Mantri (Class-III) in the Patidar Gram-Panchayat and was a public servant and at that time the complainant Rameshbhai Devajibhai Vekariya, who residing at Vaniyavad, Sheri No 1, Flat No. 10, Divya Apartment, Rajkot had purchased agricultural land situated in Kolithad village. The name of the complainant was required to be mutated in the revenue record and when the complainant went to meet the accused, the accused dem