IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1567 of 2006 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO =========================================================

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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THE STATE OF GUJARAT Versus BAKABHAI REVABHAI PATEL =========================================================

Appearance:

MS. JIRGA JHAVERI, APP for the Appellant(s) No. 1 MR BHAVIK J PANDYA(5002) for the Opponent(s)/Respondent(s) No. 1 SHRIKAR H BHATT(2573) for the Opponent(s)/Respondent(s) No. 1 =========================================================

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 judgement and order of acquittal passed by the learned Special Judge, 3^rd Fast Track Court, Sabarkantha at Himmatnagar (hereinafter referred to as "the learned Trial Court") in Special Case No. 1/2000 on 29.03.2006, whereby, the learned Trial Court has extended benefit of doubt and acquitted the respondent for the offence punishable under Sections 7, 13(1)(d), 1, 2, 3 and Section 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 a Talati Cum Mantri of Vaghrota Gram Panchayat, Taluka Pranjit, District Sabarkantha and was a public servant. That the complainant – Ramanbhai Punjabhai Patel residing at Vaghrota, Taluka Prantij, District Sabarkantha was an agriculturist and had 7 Acres of agricultural land. That the complainant had taken a loan for a new tractor from Land Development Bank and the land papers were prepared and the complainant wanted the copies of Village Form No. 7/12 and 8A of his land and had gone to the Panchayat Office in May 1999. That the complainant met the accused and told the accused that he wanted the documents and the accused told him that he would have to give Rs. 2000/- as illegal gratification. That he had given the accused Rs. 1700/- in small installments and an amount of Rs. 300/- was remaining to be paid and the same was often demanded by the accused. That on 12.08.1999, the complainant had gone to his grocery shop at the gate of the village and at that time, at around 11.30 am, the accused came to his shop and demanded the amount of Rs. 300/- and promised to pay amount till 06.00 pm at the Panchayat Office. That the complainant did not want to give the amount of illegal gratification and hence, went to the ACB Police Station Sabarkantha at Himmatnagar and filed the complaint under Sections 7, 13(1)(d), 1, 2, 3 and 13(2) of the PC Act which was registered at C.R. No. 8/1999 on 12.08.1999.

2.2 The Trap Laying Officer called the panch witnesses and the panch witnesses were introduced to the complainant and the panch witnesses were informed about the details of the complaint of the complainant. That the complainant gave two currency notes of the denomination of Rs. 100/- each and two currency notes of the denomination of Rs. 50/- each and Assistant Sub-Inspector – Shri. A.S. Ninama was instructed to conduct the demonstration of anthracene powder and ultraviolet lamp in the presence of the complainant and the panch witnesses, and the characteristics of anthracene powder and ultraviolet lamp were explained to the panch witnesses and the complainant. That Assistant Sub-Inspec

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