Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 04.03.2008 passed by the learned Special Judge, 2nd Fast Track Court, Amreli in Special Case No. 28/1999. The respondents (original accused) were acquitted of offences punishable under Sections 7, 10, 12, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The case arose from an incident on 04.12.1998 when the complainant, Vashrambhai @ Vasantbhai Polabhai Bagda, owner of a goods rickshaw, was allegedly demanded a bribe of Rs. 50 by accused no. 1 (a water cart vendor) and accused nos. 2 and 3 (police constables) to allow him to pick up passengers from the bus stand. The complainant lodged a complaint, and a trap was laid. However, during trial, the complainant and panch witnesses turned hostile and did not support the prosecution case. The trial court acquitted the accused, finding the evidence insufficient. The High Court, after re-appreciating the evidence, held that the prosecution failed to prove the demand and acceptance of bribe beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Corruption - Acquittal Appeal - Sections 7, 10, 12, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 - Appeal against acquittal under Section 378 CrPC - The State appealed against acquittal of accused for alleged demand and acceptance of bribe - The High Court held that the prosecution failed to prove demand and acceptance beyond reasonable doubt - Complainant and panch witnesses turned hostile, trap proceedings not properly conducted - Acquittal upheld (Paras 1-35).
Issue of Consideration
Whether the judgment of acquittal passed by the learned Special Judge is perverse and requires interference by this Court.
Final Decision
Appeal dismissed; judgment of acquittal dated 04.03.2008 passed by learned Special Judge, 2nd Fast Track Court, Amreli in Special Case No. 28/1999 is confirmed.
Law Points
- Acquittal upheld
- demand and acceptance of bribe not proved
- credibility of complainant and panch witnesses lacking
- procedural irregularities in trap
- presumption under Section 20 of PC Act not attracted
- appeal under Section 378 CrPC dismissed
