IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1726 of 2009 FOR APPROVAL AND SIGNATURE:

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

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Approved for Reporting Yes No 

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STATE OF GUJARAT Versus SHANABHAI RATNABHAI PARMAR ==========================================================

Appearance:

MS.C.M.SHAH, APP for the Appellant(s) No. 1 MR YM THAKKAR for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 06/02/2026 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 order of acquittal dated 29-04-2009 passed by the learned Special Judge, Special Court, Dahod (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 16 of 2004, 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, 1988 (herein after referred to as the “ the PC Act).

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, at the relevant point of time, was serving as a Class–IV employee (Peon) in the office of the Mamlatdar at Devgadhbariya, and as such, was admittedly a public servant within the meaning of the Prevention of Corruption Act. Mathurbhai Mansukhbhai Patel, the father of the complainant – Parvatbhai Mathurbhai Patel, was jointly holding agricultural properties along with his cousin brothers, bearing Survey No.125, situated on the outskirts of Village Uchvaan, Taluka: Devgadhbariya, District Dahod. It is the case of the prosecution that up to the year 1980, the names of all the joint holders were reflected in the revenue record. Subsequently, however, the names of the father and uncles of the complainant were deleted from the record of rights and one Bhurabhai Manabhai Patel got his name mutated in the revenue record, who thereafter executed sale deeds in favour of third parties. It has further come on record that the said land was being cultivated by one Kansingh Gajabhai Patel and as the complainant intended to recover possession and assert his lawful rights over the said land, he required certified copies of Village Form No.7/12 as well as mutation entries pertaining to the period from the year 1950 to 1970. Accordingly, on 12-01-2004, the complainant submitted a written application before the Deputy Mamlatdar at the Mamlatdar Office, Devgadhbariya. The Deputy Mamlatdar, namely Babubhai, thereupon called the Clerk Shanabhai, handed over the said application to him and instructed him to prepare the requisite certified copies. It is further the prosecution case that the Deputy Mamlatdar also informed the complainant that for any ancillary work, he should meet Shanabhai and offer some amount, so that the copies would be furnished without difficulty. Pursuant thereto, the complainant approached the accused – Clerk Shanabhai at his table, whereupon the accused demanded an illegal gratification of Rs.1,000/- for providing the said revenue documents. At that point of time, the complainant was having Rs.600/-, which he paid to the accused. After a few days, when the complainant again approached the accused for collecting the copies, the accused reiterated the demand and asked for further payment. The complainant then paid an additional amount of Rs.50/-, and the accused insisted that the remaining amount be paid on the following day. Being unwilling to part with further illegal gratification, the complainant approached the ACB and on 21-01-2004, lodged a formal complaint at the ACB Office at Godhra, which came to be duly recorded.

2.2] Upon