- (1.)The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 31.1.1995 passed by the learned Special Judge, Nadiad in Special Case No. 5/1991, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under Section 7,12,13(1)(d), 1,2, 3 read with section 13(2) of the of Prevention of Corruption Act.
(2.)The brief facts of the prosecution case are that the complainant is having a Saw Mill at Kapadvanj.In kapadvanj, there are about 32 Saw Mills and they have formed an Association of these Saw Mills and the present complainant was the President of the said Association. The accused persons are serving in Forest Department. It is alleged in the complaint that they accused persons are collecting Rs. 15000/- from the Association for not registering the offence. It is further alleged that in the year 1988, the accused have increased the amount and demanded Rs. 30,000/- from the Association. Since the said amount was higher, and ultimately, it was settled at Rs. 27000/-. Therefore, on 21.12.1988, Rs. 15000/- was handed over to accused no. 3 in the office of Asha Traders On 3.1.1989, accused no. 1,2 and 3 had gone to the complainant for remaining amount of Rs. 12,000/-. Since the complainant does not want to pay any amount, he told the accused to come on 4.1.1989 between 6.00pm to 7.00pm at the office of Asha Traders. The complainant did not want to pay the amount and hence approached ACB Office at Nadiad on 4.1.1989 and lodged the complaint. Panchas were called. The complainant produced five currency notes of Rs. 100/- each and one currency note of rupee one. Panchas were introduced to complainant. PSI Mr. Puvar explained the anthracene powder treatment properly and working of Ultra violet lamp. Thereafter, after following necessary procedure, the Raiding party started at 4.45pm from Nadiad. Complainant, panch no. 1 accompanied the complainant to go to the office of Asha Traders. Panch no. 2 remained with the raiding staff. The complainant had received a Phone call from the Accused no. 3 who asked the complainant whether Keshubhai had come ? The complainant replied that yes, he himself is Keshubhai. The accused told him that you wait we are coming. Thereafter, the accused reached there and demanded for the remaining amount of Rs. 12000/-. Therefore, the complainant had given him Rs. 12000/- to accused no. 3, who in turn, gave it to accused no. 2, who has started counting it. Thereafter, the complainant then went out of the office and gave signal which was earlier decided and was instructed to show. On seeing the signal, the raiding party rushed there. On seeing the Raiding Party, accused no. 2 had thrown away the money. Thereafter, in presence of panchas, the said currency notes were seized. All these notes were shown in the lamp light which showed shining bluish powder. The clothes of the accused did not show any powder marks. The hands of the accused no. 2 and 3, complainant and hands of panch no. 2 when seen in lamp, showed anthracene powder marks. Detailed panchnama was drawn. The currency notes numbers were tallied with first part of the panchnama. These notes were signed by the panchas. Detailed panchnama was signed by the panchas who were there and also by the Investigating Officer. The currency notes were attached. The statements of the witnesses were recorded. Thereafter, the offence was registered and further investigation was carried out by the Nadiad ACB. During the course of investigation, respondent was arrested and, ultimately, chargesheet was filed against him, which was numbered as Special Case No. 5 of 1991. The trial was initiated against the respondents.
(3.)To prove the case against the present accused, the prosecution has examined witnesses and also produced documentary evidence.