IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 190 of 2012 FOR APPROVAL AND SIGNATURE:

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

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Approved for Reporting Yes ==========================================================

STATE OF GUJARAT Versus KANAJI KESAJI THAKORE ==========================================================

Appearance:

MR. ADITYA JADEJA, APP for the Appellant(s) No. 1 ADVOCATE NOTICE SERVED for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 17/11/2025

ORAL JUDGMENT

1. The appeal is filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Second Additional Sessions Judge, Ahmedabad (Rural) (hereinafter referred to as “the learned Trial Court”) in Special A.C.B. Case No. 5 of 2009 on 30.11.2011, whereby, the learned Trial Court has acquitted the respondent for the offence punishable under Sections 7, 13(1)(d)1, 2, 3 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act” for short).

1.1 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 The accused was working as a Police Sub Inspector in the Sola Police Station, Ahmedabad City and was a public servant. An offence under Section 452 and 114 of the Indian Penal Code, 1860 was registered at Sola Police Station, I - C.R. No. 20/2009 and the name of the complainant - Chandubhai Mohanbhai Dhanani had emerged as an accused in the matter. The accused demanded for an amount of Rs. 10,000 as illegal gratification from Kalpeshgiri Maheshgiri Goswami - the friend of the complainant for not harassing the complainant - Chandubhai Mohanbhai Dhanani and not putting him behind bars. The amount was demanded and he was told to come to the Sola Police Station and after bargaining the amount was settled at Rs. 8,000/-. The complainant went to the ACB Police Station, Ahmedabad Rural and his complaint was recorded on 18.05.2009.

2.2 The Trap Laying Officer - R. L. Solanki called the panch witnesses and in the presence of the complainant Chandubhai Mohanbhai Dhanani and his friend Kalpeshgiri Maheshgiri Goswami, took 8 currency notes of the denomination of Rs. 1,000/- each from the Government Treasury and Police Constable - Subodhbhai explained the characteristics of phenolphthalein powder and sodium carbonate to the complainant, his friend Kalpeshgiri and the panch witnesses and the demonstration of phenolphthalein powder and sodium carbonate was conducted in their presence. The currency notes were smeared with phenolphthalein powder and placed in the right pant pocket of Kalpeshgiri – the friend of the complainant – Chandubhai. The necessary instructions were given and the Panchnama Part-I was drawn and the signatures of all concerned were taken. The panch witnesses, complainant, his friend Kalpeshgiri and the members of the raiding party went in two vehicles to Sola Police Station and the complainant waited outside and Kalpeshgiri and the shadow witness went into the Police Station. The other members of the raiding party stood outside and in the presence of the panch witness, the accused demanded for the amount of illegal gratification of Rs. 8,000/- and accepted the same and wrapped the amount in a handkerchief and put it in his right side pant pocket. The predetermined signal was given by Kalpeshgiri and on the pretext of going to the washroom, the accused left the room and after the members of the raiding party came, the tainted currency notes were recovered from a garbage dump under an iron pipelinebehind the Police Station. The experiment of sodium carbonate was done and the fingers, thumb and right hand of the accused was dipped i