IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 824 of 2011 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 ASHOKBHAI RAMBHAI DER ==========================================================

Appearance:

MS.C.M.SHAH, APP for the Appellant(s) No. 1 MR P P MAJMUDAR for the Opponent(s)/Respondent(s) No. 1 RULE SERVED for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 05/02/2026 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 11-03-2011 passed by the learned Special Judge, Bhavnagar (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 2 of 2008, 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 an unarmed Police Constable attached to the Mahuva Police Station situated within the territorial jurisdiction of Bhavnagar and was thus a public servant within the meaning of the applicable statutory provisions. The complainant - Salimbhai Usmanbhai Kalvatar, was engaged in the business of dealing in old and second- hand vehicles, and approximately three months prior to 01-04- 2008, had advanced an amount of Rs.10,000/- to one Hemubhai of Mahuva village, pursuant to which Hemubhai had handed over possession of a Bajaj Discover motorcycle bearing registration No. GJ-4-AP-4224 to the complainant on the specific condition that the complainant would be entitled to use the said vehicle until such time as the aforesaid amount of Rs.10,000/- was repaid. Thereafter, Bharatbhai, being the brother of Hemubhai and the registered owner of the said motorcycle, approached the complainant and demanded return of the vehicle. However, the complainant categorically refused to hand over possession thereof unless and until the amount advanced by him was returned in full.

About twenty days prior to 01-04-2008, the complainant was summoned to the Mahuva Police Station by Gambhirsinh, Jamadar, on the premise that Bharatbhai had submitted a written application against him, whereupon a compromise was arrived at between the parties and, without receiving back the amount of Rs.10,000/-, the complainant was constrained to return the motorcycle to Bharatbhai. Approximately three days thereafter, the accused called the complainant on the pretext that Rabari Sir was requiring his presence at the Mahuva Police Station, pursuant to which the complainant attended the police station and met Rabari Sir, who threatened him with the institution of a case for dacoity against him. Rabari Sir further summoned Ashokbhai (the deceased) and Maheshbhai and directed them to prepare papers for the said offence of dacoity; however, the complainant pleaded his innocence and requested leniency, whereupon the accused took the complainant aside and demanded an amount of Rs.5,000/- by way of illegal gratification, assuring him that in consideration thereof the matter would be settled and a minor or normal case would be registered instead of the serious offence of dacoity. After negotiations and bargaining, the illegal demand was settled at Rs.3,000/-, and on the same day at about 03:00 p.m., the complainant paid an amount of Rs.1,500/- to the accused towards part satisfaction of the said illegal dema