IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1618 of 2010 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 PRATAPSINH LAKHMANSINH THAKKAR ==========================================================

Appearance:

MR. ADITYA JADEJA, APP for the Appellant(s) No. 1 MR PJ KANABAR for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 16/03/2026

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 25-06-2010 passed by the learned Special (ACB) Judge, Bhuj-Kachchh (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 127 of 1995, 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 was working as a Talati-cum-Mantri of Sukhpar (Roha), Taluka: Nakhatrana, District: Kachchh on 03-06- 1995 and was a public servant. The complainant - Valjibhai Shivjibhai Mawani had agricultural land in the joint names with his brother and they had cultivated groundnut crop, which was ready. The complainant wanted to reap the harvest of groundnut and sell the same and wanted a copy of the Village Form No. 7/12 of the land. One Laxmanbhai Khetsinhbhai, of his village, was going to the Gram Panchayat Office on 02-06-1995 and the complainant told him to bring a copy of the Village Form No. 7/12 of his land. Laxmanbhai Khetsinhbhai also wanted a copy of his Village Form No. 7/12 of his land and the accused had taken an amount of Rs. 500/- from him and given him a copy of the Village Form No. 7/12 and told Laxmanbhai Khetsinhbhai to tell the complainant to come to Sukhpar village on 03-06-1995 at around

05:00 pm and he would give him the copy of the Village Form No.7/ 12. The complainant was informed by Laxmanbhai that he had paid Rs.500/- and he too should go and meet the accused. On 03-06-1995, the complainant was at the Samatra village bus stand where he met the accused and asked the accused about the copy of his land and the accused told him that he had to take his signature in the register and to come to the office between 05:00 and 06:00 pm and to take his copy and to give Rs.500/-. The complainant did not want to pay the amount of illegal gratification of Rs. 500/- and went to the ACB Police Station at Bhuj and the complaint of the complainant was recorded.

2.2] The Trap Laying Officer called the panch-witnesses and the complainant gave one currency note of the denomination of Rs.100/- and eight currency notes of the denomination of Rs. 50/- each and Head Constable - Rajendrasinh Ramubha Jadeja under the instructions of the Trap Laying Officer explained the characteristics of anthracene powder and ultraviolet lamp to the complainant and the panch-witnesses and conducted a demonstration of the same. All the currency notes were smeared with anthracene powder and placed in the right pant pocket of the complainant. The necessary instructions were given and the Panchnama Part - I was drawn and the signatures of all the concerned were taken. As decided the complainant, panch witnesses and members of the raiding party went in a private vehicle to the Sukhpar (Roha) village and halted the vehicle and the complainant and the panch-witness alighted and walked to the Gram Panchayat Office. The other panch-witness and the members of the