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2024 Supreme(Guj) 254

S. V. PINTO
State Of Gujarat – Appellant
Versus
Rajnikant Tribhovandas Vyas – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Jirga Jhaveri, APP
For the Respondent: Mr Ajay D Acharya, Mr RJ Goswami

JUDGMENT :

1. This appeal has been filed by the appellant under Section 378(1)(3) of Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Special Judge, Fast Track Court No. 4, Banaskantha at Palanpur (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 81 of 2005 on 14.12.2006, whereby, the learned Trial Court has acquitted the appellant for the offence punishable under Sections 7, 13(1)(d) 1, 2, 3 and 13 (2) of the Prevention of Corruption Act, 1988 (hereafter referred to as “the PC Act” for short).

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 Gram Sevak in the Taluka Panchayat Office, Deesa at village Nana Kapra which was within the jurisdiction of the accused. That the complainant Thanaji Chamnaji Thakor was a resident of village Nana Kapra, Taluka Deesa, District Banaskantha and was covered in the category of ‘below poverty line’ and was having a BPL Card and entitled to the benefits of Indira Awaas Yojna.

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