IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1168 of 2006 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO Sd/-

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1	Whether Reporters of Local Papers may be allowed to see the judgment ?	Yes
2	To be referred to the Reporter or not ?	Yes
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

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STATE OF GUJARAT Versus SURESH MOHANLAL LAKHTANIYA & ANR.

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Appearance:

MS CM SHAH, APP for the Appellant(s) No. 1 NOTICE SERVED for the Respondent Nos. 1,2 MR.DUSHYANT BHATT, AMICUS CURIE for the Respondent Nos.1,2 ================================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 06/08/2024 ORAL 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 the order of acquittal dated

08.03.2006 passed by the Special Judge, 2^nd Fast Track Court, Jamnagar (hereinafter referred to as ‘the learned Trial Court’) in Special Case No. 2 of 1997, whereby, the learned Trial Court has acquitted the respondents from the offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the P.C.Act’). The respondents are hereinafter referred to as ‘the accused’ in the rank and file as they stood in the original case, for the sake of convenience, clarity and brevity..

2. The relevant facts leading to filing of the present appeal are as under:

2.1. That the accused No.1 was working as Talati-cum-Mantri of village Khoja Beraja and the accused No.2 was working as peon in the Khoja Beraja Gram Panchayat, Taluka and District Jamnagar and were public servants. That the complainant Barkatali Amirali Mansariya (Khoja) was a resident of village Khoja Beraja, Taluka and District Jamnagar and had 10 vighas agricultural lands. The complainant wanted a loan from the District Panchayat and wanted a “No Due Certificate”, that no government dues are outstanding from him and also wanted the copies of Village Form Nos. 7/12 and 8/A of his lands and he met the accused No.1 and at that time, the accused No.1 had demanded an amount of Rs.1000/- as illegal gratification. That the complainant did not have the amount and told the accused that after the season of groundnuts and sesame seeds, he would sell the groundnuts and sesame seeds and would give him the money and the accused No.1 gave him the “No Due Certificate” and he took the loan. The accused No.1 used to often visit the complainant and his house and was demanding the amount Rs.1000/- as illegal gratification. The complainant did not want to give the amount of illegal gratification as he did not have the necessary funds. The complainant had also shortage of kerosene and on 30.10.1994, the complainant came to Jamnagar and at about 3:30pm, the accused met him at the garage near “Khadi Bhandar” and demanded the amount of Rs.1000/- as illegal gratification. The complainant told the accused that he was having difficulty of kerosene and his permit was required to be made separate but the accused demanded the amount of Rs.1000/- and after bargaining, the amount was fixed at Rs.500/- and it was decided that the amount would be paid on the next date i.e. on 31.10.1994 between 10:00am and 10:30am near the Khadi Bhandar and the accused told him to bring the xerox copy of the permit. It was finally decided that an amount of Rs.350/- was to be given before the work was done and Rs.150/- after completion of the work. The complainant did not want to give the amount of illegal gratification and went to the ACB Office, Jamnagar an

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