IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 2611 of 2008 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 PRAVINCHANDRA TRIBHOVANBHAI JETHVA & ANR.

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Appearance:

MR ADITYA JADEJA, APP for the Appellant(s) No. 1 MR P B KHANDHERIA(5228) for the Opponent(s)/Respondent(s) No. 1 RULE SERVED for the Opponent(s)/Respondent(s) No. 2 ========================================================

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

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 the order of acquittal passed by the learned Special Judge, 2^nd Fast Track Court, Amreli (hereinafter referred to as ‘the learned Trial Court’) in Special Case No.101 of 2001 on 22.07.2008, whereby, the learned Trial Court has acquitted the respondents – original accused from the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the P.C.Act’).

1.1. The respondents hereinafter are referred to as ‘the accused’ as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing of the present appeal are as under:

2.1. The the accused no.1 was serving as the Talati-cum- Mantri of village Gadhadaka, Savarkundla Taluka, District Amreli, while the accused no.2 was working as a Class-IV employee in the Gadhadaka Gram Panchayat. Both were, therefore, public servants within the meaning of the P.C. Act. Kalubhai Harsurbahi Jebaliya, the father of the complainant, owned about 45 vighas of agricultural land situated on the outskirts of village Gadhadaka. Upon family arrangement, 9 vighas each came to the share of the complainant Bhimbhai Harsurbhai, his elder brother Saabbhai and his younger brother Ramkubhai. For the purpose of separating the revenue accounts of the said lands, the complainant had submitted an application approximately 25 days prior to 20.04.1999. About five days thereafter, the accused no.1 prepared the relevant revenue books and delivered them at the residence of the complainant’s elder brother. At that time, the accused no.1 demanded an amount of Rs.750/-, being Rs.250/- for each of the three separate accounts. On the following day, the accused no.1 again met the complainant and reiterated the demand for Rs.750/-. The complainant expressed his inability to pay immediately and stated that he would arrange the money and pay it in a few days. Approximately four days prior to 24.04.1999, the accused no.2 met the complainant in the market and informed him that the accused no.1 had called him to the Panchayat office. Thereafter, on 17.04.1999, when the complainant went to the Gram Panchayat Office to obtain a copy of Village Form no.7/12, the accused no.1 provided the copy but once again demanded the amount of Rs.750/-. Since the complainant did not have the money at that time, he informed the accused no.1 that he would make the payment within a few days. In the meantime, the complainant had to pay Rs.1,500/- towards outstanding government dues pertaining to his father’s land, which amount he arranged with the help of his brothers and deposited accordingly, obtaining a receipt. As the complainant did not wish to pay illegal gratification, he approached the ACB Police Station, Amreli on 20.04.1999, where his complaint came to be recorded.

2.2 The Trap Laying Officer called two panch witnesses. The complainant produced one currency note of Rs.500/-, two currency notes of Rs.100/- each, and one currency note of Rs.50/-, totalling Rs.750/-. Head Constable D.S.Babariya explained the characteristics of anthracene powder and the use of an ult