IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 52 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 BHAVANSINH REVAJIBHAI RATHVA ==========================================================

Appearance:

MS.C.M.SHAH, APP for the Appellant(s) No. 1 MR. JAVED S QURESHI(6999) 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 : 12/03/2026

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 13-10-2010 passed by the learned Special Judge, Vadodara (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 06 of 1999, 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] On 08-12-1998, the accused was serving as a Talati- cum-Mantri at the Rarod Group Gram Panchayat. The complainant viz. Kalpit Navinchandra Patel, a native of village Rarod was residing at Karjan and the complainant’s father owned ancestral agricultural lands situated in the outskirts of Rarod, Para and Oze villages. As the complainant’s father was aged, he desired that during his lifetime, the name of the complainant be mutated in the revenue records of the agricultural land. For this purpose, the complainant obtained copies of extracts of village Form No. 7/12 and Form 8-A relating to the ancestral lands from the Talati- cum-Mantries of the respective villages. In respect of the agricultural lands bearing Block Nos. 109, 113, 119, 151, 223, 263, 268 and 1065 situated in village Rarod, the present accused had demanded and accepted Rs. 50/- from the complainant as illegal gratification before issuing the copies of village Form No. 7/12 and Form 8-A extracts. After receiving the said amount of Rs. 50/-, the accused supplied the said extracts to the complainant on 15-04- 1998. Thereafter, the complainant informed the accused that he intended to have his name entered in the revenue records in respect of the said lands and showed the accused a rough draft of an application prepared by him for that purpose. However, the accused stated that such writing would not be acceptable and asked the complainant to bring his father to the Rarod Gram Panchayat Office, further stating that they would have to understand the “transaction”. As the complainant’s father was not in good health, the complainant again met the accused on 03-12-1998 at the Karjan Taluka Panchayat Office, carrying with him applications signed by his father and sister requesting that the complainant’s name be mutated in the revenue records. The accused, after perusing the applications, stated that such applications would not be acceptable and returned them to the complainant. When the complainant inquired as to how the application should be drafted, the accused asked him to come to the Rarod Gram Panchayat Office and once again told the complainant that the “transaction” would have to be settled. Upon the complainant asking how much money would have to be paid, the accused initially demanded Rs.

1,000/- and subsequently agreed to accept Rs. 700/-. The accused further instructed the complainant to bring the said amount to the Rarod Panchayat Office, after which he would proceed with the necessary action on the complainant’s applications. As the