State Of Gujarat vs Amrardas Bansidas on 6 March, 2026

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    Gujarat High Court

    State Of Gujarat vs Amrardas Bansidas on 6 March, 2026

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                               R/CR.A/2070/2008                                        JUDGMENT DATED: 06/03/2026
    
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                                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                                  R/CRIMINAL APPEAL NO. 2070 of 2008
    
    
                          FOR APPROVAL AND SIGNATURE:
    
    
                          HONOURABLE MS. JUSTICE S.V. PINTO:Sd/-
                          ==========================================================
                                       Approved for Reporting                                       No
    
                          ==========================================================
                                                            STATE OF GUJARAT
                                                                  Versus
                                                           AMRARDAS BANSIDAS
                          ==========================================================
                          Appearance:
                          MS. C.M. SHAH, APP for the Appellant(s) No. 1
                          MR MURALI N DEVNANI(1863) for the Opponent(s)/Respondent(s) No. 1
                          ==========================================================
    
                             CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
    
                                                                   Date : 06/03/2026
    
                                                               ORAL JUDGMENT

    1. The appeal is filed by the appellant State under

    Section 378 of the Code of Criminal Procedure, 1973 against

    SPONSORED

    the judgement and order of acquittal passed by the learned

    Special Judge, 2nd Fast Track Court, Amreli (hereinafter

    referred to as “the learned Trial Court”) in Special Case no.

    93/1999 on 31.05.2008, whereby, the learned Trial Court

    has acquitted the respondent for the offence punishable

    under Sections 7, 13(1)(D) and 13(2) of the Prevention of

    Corruption Act, 1988 (hereinafter referred to as “the PC Act

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    for short).

    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 Helper (Class III) in the

    GEB Amreli Rural Sub-Division at Lunidhar and was a

    public servant. The complainant – Babubhai Lakshmanbhai

    @ Lakubhai Hirpara was residing at Jithudi Village, Taluka

    Kukava, District Amreli and the father of the complainant

    had a house in Jithudi Village and they wanted to make a

    construction of the second floor on the existing house. The

    complainant had given an application in the name of his

    father to the Deputy Engineer, GEB Amreli on 18.04.1999

    regarding the electric wire that was passing over their

    house. About eight days prior to 11.05.1999, the accused

    came to the house of the complainant and told him that he

    had received the application and he demanded an amount

    of Rs. 4000/- as illegal gratification for shifting of the wire.

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    After bargaining, the amount was settled at Rs. 3000/-. On

    10.05.1999, the complainant had gone to the market at

    Amreli and around 09.00 am the accused met the

    complainant and told him that he would come to his house

    on the next day at around 11.00 am and demanded the

    amount of Rs. 3000/- and told him that he would do the

    work only if the amount was given. The complainant did not

    want to pay the amount of illegal gratification and went to

    the ACB Office at Amreli and the complaint of the

    complainant was recorded.

    2.2 The Trap Laying Officer called the panch witnesses and

    the complainant gave four currency notes of the

    denomination of Rs. 500/- each and ten currency notes of

    the denomination of Rs. 100/- each. Head Constable – J. P.

    Parmar, under the instructions of the Trap Laying Officer,

    conducted the demonstration of anthracene powder and

    ultraviolet lamp and explained the characteristics of

    anthracene powder and the ultraviolet lamp to the

    complainant and the panch witnesses. All the currency

    notes were smeared with anthracene powder and folded and

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    placed in the left shirt pocket of the complainant. The

    necessary instructions to all concerned were given and the

    Panchnama Part-I was drawn and the signatures of all the

    concerned persons were taken. As decided, the complainant,

    panch witnesses and the members of the raiding party went

    in government jeep no. GJ-1-G-2377 from Amreli to Jithudi

    village via Vennivadar and Randhia and the complainant

    and panch no. 1 alighted from the jeep and walked to the

    house of the complainant. The panch no. 2 and other

    members of the raiding party followed them and the

    complainant and the panch no. 1 sat in the living room and

    the members of the raiding party and the panch no. 2 sat in

    the room next to the living room. The accused came to the

    house of the complainant and the complainant welcomed

    him and he sat on the cot and had a conversation with the

    complainant. The accused told the complainant that he had

    received the application and the survey was conducted and

    he was going to the office to give the application and it

    would take 7 to 8 days for the pole to be shifted and

    demanded the amount so that the work would be done. The

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    complainant gave the tainted currency notes with his right

    hand from his left shirt pocket and the accused accepted

    the amount with his right hand and placed it in his left shirt

    pocket. The complainant gave the predetermined signal and

    the members of the raiding party came and the accused was

    caught red-handed and the necessary procedure was done

    and the Panchnama Part-II was drawn. The offence was

    registered at Amreli ACB Police Station, C.R. No. 9 of 1999

    under Section 7, 13(1)(d) and 13(2) of the PC Act.

    2.3 The Investigating Officer recorded the statements of

    the connected witnesses and seized the necessary

    documents and after completion of investigation, a charge-

    sheet came to be filed before the Sessions Court, Amreli and

    the case was registered as Special Case no. 93/1999.

    2.4 The accused was duly served with the summons and

    the accused appeared before the learned Trial Court and it

    was verified whether the copies of all the police papers were

    provided to the accused as per the provisions of Section 207

    of the Code. A charge at Exh. 5 was framed and the

    statement of the accused was recorded at Exh. 6 wherein,

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    the accused denied the contents of the charge and the entire

    evidence of the prosecution was taken on record.

    2.5 The prosecution examined 6 witnesses and produced

    15 documentary evidences on record in support of their

    case and after the learned Additional Public Prosecutor filed

    the closing pursis, the further statement of the accused

    under Section 313 of the Code of Criminal Procedure, 1973

    was recorded, wherein, the accused denied all the evidence

    and refused to step into the witness box or lead evidence

    but stated that a false case has been filed against him. After

    the arguments of the learned Additional Public Prosecutor

    and the learned advocate for the accused were heard, the

    learned Trial Court by the impugned judgement and order

    was pleased to acquit the accused from the charges levelled

    against him.

    3. Being aggrieved and dissatisfied with the judgment

    and order of acquittal, the appellant State has filed the

    present appeal mainly stating that the judgment and order

    of acquittal is contrary to law and evidence on record and

    the learned Trial Court has erred in holding that the

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    prosecution has not proved its case beyond reasonable

    doubts. The prosecution has examined a number of

    witnesses in support of their case and has also produced

    various documentary evidence, however, without

    appreciating the documentary evidence as well as the oral

    evidence in proper perspective, the impugned judgment and

    order of acquittal has been passed. The learned Trial Court

    has failed to appreciate that the complainant has supported

    the case of the prosecution and the Trap Laying Officer has

    also supported the entire case of the prosecution. The

    tainted currency notes were recovered from the conscious

    possession of the respondent but the evidence of the

    important witnesses has been disregarded by the learned

    Trial Court without proper justification. The learned Trial

    Court has given undue importance to minor omissions and

    contradictions and has disbelieved the evidence of the said

    witnesses and has committed a grave error on record of the

    case. The learned Trial Court has failed to appreciate that

    the tainted currency notes were given by the complainant

    and accepted by the respondent and the same is clearly

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    mentioned in the panchnama which is proved by the

    evidence of the panch witnesses. The learned Trial Court

    has not appreciated that the complainant and members of

    the raiding party did not have any enmity with the

    respondent and there was no reason to falsely involve the

    accused and the impugned judgment and order is contrary

    to law and evidence on record and is required to be quashed

    and set aside.

    4. Heard learned APP Ms. C.M. Shah for the appellant

    State and learned advocate Ms. Vishwa Shah for learned

    advocate Mr. Murali N. Devnani for the respondent. Perused

    the impugned judgement and order of acquittal and have

    reappreciated the entire evidence of the prosecution on

    record of the case.

    5. Learned APP Ms. C.M. Shah has taken this court

    through the entire evidence of the prosecution and has

    submitted that the prosecution has proved all the

    ingredients of demand, acceptance and recovery and the

    prosecution has proved that the respondent had demanded

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    the amount of illegal gratification for shifting of the wire and

    the electric pole and the respondent was a helper and it was

    within his jurisdiction to do the work. The amount of illegal

    gratification was demanded and accepted and the tainted

    currency notes were recovered from the possession of the

    respondent and the prosecution has proved that the amount

    of illegal gratification was recovered from the possession of

    the respondent but the learned Trial Court has not

    appreciated the evidence in proper perspective and has

    passed the impugned judgment in order of equitable and the

    same is required to be quashed and set aside.

    6. Learned advocate Ms. Vishwa Shah for the respondent

    has submitted that the prosecution has not proved the

    prior demand and the demand at the spot and the panch

    witness has clearly admitted that no demand of any illegal

    gratification was made by the respondent at the spot. The

    amount was for the expenditure to be incurred towards the

    shifting of the pole and the wire and even in the

    application, the complainant had stated that the electric

    pole and the wire was to be shifted at his own cost. The

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    amount of Rs.3000/-was towards the expenditure for the

    same and as the demand has not been proved, the

    provisions of Section 20 would not come in play. Moreover,

    if the panchnama is perused the Trap Laying Officer has

    not verified from the complainant and the panch witness

    about the events that had transpired at the time of the trap.

    If the same was done by the Trap Laying Officer it would

    have come on record that the amount was only towards the

    expenditure that was to be deposited in the GEB Office

    along with the application and the survey report which was

    towards the cost of shifting of the pole. The learned Trial

    Court has appreciated the entire evidence in proper

    perspective and no interference is required in the impugned

    judgment and order and the appeal of the appellant must

    be rejected.

    7. At the outset, before discussing the facts of the

    present case, it would be appropriate to refer to the

    observations of the Apex Court in para 11 and 12 with

    regard to the powers of the Appellate Court while dealing

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    with acquittal appeals in the case of P. Somaraju Vs. State

    of Andhra Pradesh reported in 2025 LawSuit (SC) 1423:

    11. Before proceeding, it would be appropriate to recapitulate the
    well-settled principles governing interference with an order of
    acquittal by an Appellate Court, which were also discussed by
    the High Court in the impugned judgment. At the outset, we rely
    upon the seminal case of Chandrappa & Ors. vs. State of
    Karnataka
    2007 (4) SCC 415 wherein this Court had laid down
    the five-point canonical test as follows:

    “42. From the above decisions, in our considered view, the
    following general principles regarding powers of the
    appellate court while dealing with an appeal against an
    order of acquittal emerge:

    (1) An appellate court has full power to review, reappreciate
    and reconsider the evidence upon which the order of
    acquittal is founded.

    (2) The Code of Criminal Procedure, 1973 puts no limitation,
    restriction or condition on exercise of such power and an
    appellate court on the evidence before it may reach its own
    conclusion, both on questions of fact and of law.

    (3) Various expressions, such as, “substantial and
    compelling reasons”, “good and sufficient grounds”, “very
    strong circumstances”, “distorted conclusions”, “glaring
    mistakes”, etc. are not intended to curtail extensive powers
    of an appellate court in an appeal against acquittal. Such
    phraseologies are more in the nature of “flourishes of
    language” to emphasise the reluctance of an appellate court
    to interfere with acquittal than to curtail the power of the

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    court to review the evidence and to come to its own
    conclusion.

    (4) An appellate court, however, must bear in mind that in
    case of acquittal, there is double presumption in favour of the
    accused. Firstly, the presumption of innocence is available to
    him under the fundamental principle of criminal
    jurisprudence that every person shall be presumed to be
    innocent unless he is proved guilty by a competent court of
    law. Secondly, the accused having secured his acquittal, the
    presumption of his innocence is further reinforced, reaffirmed
    and strengthened by the trial court.

    (5) If two reasonable conclusions are possible on the basis of
    the evidence on record, the appellate court should not disturb
    the finding of acquittal recorded by the trial court.” 4 (2007)
    4 SCC 415.

    12. To summarize, an Appellate Court undoubtedly has full
    power to review and reappreciate evidence in an appeal against
    acquittal under Section 378 and 386 of the Code of Criminal
    Procedure, 1973. However, due to the reinforced or ‘double’
    presumption of innocence after acquittal, interference must be
    limited. If two reasonable views are possible on the basis of the
    record, the acquittal should not be disturbed. Judicial intervention
    is only warranted where the Trial Court’s view is perverse, based
    on misreading or ignoring material evidence, or results in
    manifest miscarriage of justice. Moreover, the Appellate Court
    must address the reasons given by the Trial Court for acquittal
    before reversing it and assigning its own. A catena of the recent
    judgements of this Court has more firmly entrenched this
    position, including, inter alia, Mallappa & Ors. vs. State of

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    Karnataka, 2024 INSC 104, Ballu @ Balram @ Balmukund & Anr.
    vs. The State of Madhya Pradesh 2024 INSC 258, Babu
    Sahebagauda Rudragaudar and Ors. vs. State of Karnataka
    2024 INSC 320 and Constable 907 Surendra Singh & Anr. vs.
    State of Uttarakhand 2025 INSC 114.

    7.1 The Apex Court, in the case of Surendra Singh and

    Ors. Vs. State of Uttarakhand reported in 2025 INSC 114,

    has observed in Para No. 11 as under:

    11. Recently, in the case of Babu Sahebagouda Rudragoudar and
    others v. State of Karnataka6
    , a Bench of this Court to which one of us
    was a Member (B.R. Gavai, J.) had an occasion to consider the legal
    position with regard to the scope of interference in an appeal against
    acquittal. It was observed thus:

    “38. First of all, we would like to reiterate the principles laid down
    by
    this Court governing the scope of interference by the High Court
    in an appeal filed by the State for challenging acquittal of the
    accused recorded by the trial court.

    39. This Court in Rajesh Prasad v. State of Bihar [Rajesh Prasad v.
    State of Bihar, (2022) 3 SCC 471 : (2022) 2 SCC (Cri) 31]
    encapsulated the legal position covering the field after considering
    various earlier judgments and held as below : (SCC pp. 482-83,
    para 29)
    “29.
    After referring to a catena of judgments, this Court culled
    out the following general principles regarding the powers of the
    appellate court while dealing with an appeal against an order of
    acquittal in the following words : (Chandrappa case
    [Chandrappa v. State of Karnataka, (2007) 4 SCC 415 : (2007) 2
    SCC (Cri) 325] , SCC p. 432, para 42)

    42. From the above decisions, in our considered view, the

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    following general principles regarding powers of the
    appellate court while dealing with an appeal against an
    order of acquittal emerge:

    (1) An appellate court has full power to review, reappreciate
    and reconsider the evidence upon which the order of
    acquittal is founded. (2) The Criminal Procedure Code, 1973
    puts no limitation, restriction or condition on exercise of such
    power and an appellate court on the evidence before it may
    reach its own conclusion, both on questions of fact and of
    law.

    (3) Various expressions, such as, “substantial and
    compelling reasons”, “good and sufficient grounds”, “very
    strong circumstances”, “distorted conclusions”, “glaring
    mistakes”, etc. are not intended to curtail extensive powers
    of an appellate court in an appeal against acquittal. Such
    phraseologies are more in the nature of “flourishes of
    language” to emphasise the reluctance of an appellate court
    to interfere with acquittal than to curtail the power of the
    court to review the evidence and to come to its own
    conclusion.

    (4) An appellate court, however, must bear in mind that in
    case of acquittal, there is double presumption in favour of the
    accused. Firstly, the presumption of innocence is available to
    him under the fundamental principle of criminal
    jurisprudence that every person shall be presumed to be
    innocent unless he is proved guilty by a competent court of
    law. Secondly, the accused having secured his acquittal, the
    presumption of his innocence is further reinforced, reaffirmed
    and strengthened by the trial court.

    (5) If two reasonable conclusions are possible on the basis of
    the evidence on record, the appellate court should not disturb

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    the finding of acquittal recorded by the trial court.”

    40. Further, in H.D. Sundara v. State of Karnataka [H.D. Sundara v.
    State of Karnataka, (2023) 9 SCC 581: (2023) 3 SCC (Cri) 748] this
    Court summarised the principles governing the exercise of appellate
    jurisdiction while dealing with an appeal against acquittal under
    Section 378CrPC as follows : (SCC p. 584, para 8)
    “8. … 8.1. The acquittal of the accused further strengthens the
    presumption of innocence;

    8.2. The appellate court, while hearing an appeal against
    acquittal, is entitled to reappreciate the oral and documentary
    evidence;

    8.3. The appellate court, while deciding an appeal against
    acquittal, after reappreciating the evidence, is required to
    consider whether the view taken by the trial court is a possible
    view which could have been taken on the basis of the evidence
    on record;

    8.4. If the view taken is a possible view, the appellate court
    cannot overturn the order of acquittal on the ground that another
    view was also possible; and
    8.5. The appellate court can interfere with the order of acquittal
    only if it comes to a finding that the only conclusion which can be
    recorded on the basis of the evidence on record was that the
    guilt of the accused was proved beyond a reasonable doubt and
    no other conclusion was possible.”

    41. Thus, it is beyond the pale of doubt that the scope of
    interference by an appellate court for reversing the judgment of
    acquittal recorded by the trial court in favour of the accused has to
    be exercised within the four corners of the following principles:

    41.1. That the judgment of acquittal suffers from patent
    perversity;

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    41.2. That the same is based on a misreading/omission to
    consider material evidence on record; and 41.3. That no two
    reasonable views are possible and only the view consistent with
    the guilt of the accused is possible from the evidence available
    on record.”

    8. It is a settled principle of law that in an appeal against

    acquittal, the Appellate Court is circumscribed by limitation

    that no interference has to be made in the order of acquittal

    unless after appreciation of the evidence produced before

    the learned Trial Court, it appears that there are some

    manifest illegality or perversity which could not have been

    possibly arrived at by the Court. It is also a settled principle

    that there is no embargo on the Appellate Court to review

    the evidence but, generally the order of acquittal shall not

    be interfered with as the presumption of innocence of the

    accused is further strengthened by the order of acquittal.

    The golden thread which runs through the web of

    administration of justice in criminal cases is that if two

    views are possible on the evidence adduced in the case of

    the prosecution i.e. (i) guilt of the accused and (ii) his

    innocence, the view, which is in favour of the accused,

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    should be adopted, and if the trial Court has taken the view

    in favour of the accused, the Appellate Court should not

    disturb the findings of the acquittal. The Appellate Court

    can interfere with the judgment and order of acquittal only

    when there are compelling and substantial reasons and the

    order is clearly unreasonable and where the Appellate

    Court comes to conclusion that based on the evidence, the

    conviction is a must.

    9. With regard to the cases under the PC Act, the Apex

    Court, in the case of Neeraj Dutta Vs. State (Govt. of

    N.C.T. of Delhi) reported in 2022 0 Supreme (SC) 1248,

    has observed in Para No. 68 as under:

    “68. What emerges from the aforesaid discussion is summarised
    as under: –

    (a) Proof of demand and acceptance of illegal gratification by
    a public servant as a fact in issue by the prosecution is a
    sine qua non in order to establish the guilt of the accused
    public servant under Sections 7 and 13 (1)(d) (I) and(ii) of the
    Act.

    (b) In order to bring home the guilt of the accused, the
    prosecution has to first prove the demand of illegal
    gratification and the subsequent acceptance as a matter of
    fact. This fact in issue can be proved either by direct

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    evidence which can be in the nature of oral evidence or
    documentary evidence.

    (c) Further, the fact in issue, namely, the proof of demand
    and acceptance of illegal gratification can also be proved by
    circumstantial evidence in the absence of direct oral and
    documentary evidence.

    (d) In order to prove the fact in issue, namely, the demand
    and acceptance of illegal gratification by the public servant,
    the following aspects have to be borne in mind:

    (i) if there is an offer to pay by the bribe giver without
    there being any demand from the public servant and the
    latter simply accepts the offer and receives the illegal
    gratification, it is a case of acceptance as per Section 7 of
    the Act. In such a case, there need not be a prior demand
    by the public servant.

    (ii) On the other hand, if the public servant makes a
    demand and the bribe giver accepts the demand and
    tenders the demanded gratification which in turn is
    received by the public servant, it is a case of obtainment.

    In the case of obtainment, the prior demand for illegal
    gratification emanates from the public servant. This is an
    offence under Section 13 (1)(d)(i) and (ii) of the Act.

    (iii) In both cases of (i) and (ii) above, the offer by the bribe
    giver and the demand by the public servant respectively
    have to be proved by the prosecution as a fact in issue. In
    other words, mere acceptance or receipt of an illegal
    gratification without anything more would not make it an
    offence under Section 7 or Section 13 (1) (d), (i) and (ii)

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    respectively of the Act. Therefore, under Section 7 of the
    Act, in order to bring home the offence, there must be an
    offer which emanates from the bribe giver which is
    accepted by the public servant which would make it an
    offence. Similarly, a prior demand by the public servant
    when accepted by the bribe giver and inturn there is a
    payment made which is received by the public servant,
    would be an offence of obtainment under Section 13 (1)(d)
    and (i) and (ii) of the Act.

    (e) The presumption of fact with regard to the demand and
    acceptance or obtainment of an illegal gratification may be
    made by a Court of law by way of an inference only when
    the foundational facts have been proved by relevant oral and
    documentary evidence and not in the absence thereof. On the
    basis of the material on record, the Court has the discretion to
    raise a presumption of fact while considering whether the fact
    of demand has been proved by the prosecution or not. Of
    course, a presumption of fact is subject to rebuttal by the
    accused and in the absence of rebuttal presumption stands.

    (f) In the event the complainant turns ‘hostile’, or has died or
    is unavailable to let in his evidence during trial, demand of
    illegal gratification can be proved by letting in the evidence of
    any other witness who can again let in evidence, either orally
    or by documentary evidence or the prosecution can prove the
    case by circumstantial evidence. The trial does not abate nor
    does it result in an order of acquittal of the accused public
    servant.

    (g) In so far as Section 7 of the Act is concerned, on the proof
    of the facts in issue, Section 20 mandates the Court to raise a

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    presumption that the illegal gratification was for the purpose
    of a motive or reward as mentioned in the said Section. The
    said presumption has to be raised by the Court as a legal
    presumption or a presumption in law. Of course, the said
    presumption is also subject to rebuttal. Section 20 does not
    apply to Section 13 (1) (d) (i) and (ii) of the Act.

    (h) We clarify that the presumption in law under Section 20 of
    the Act is distinct from presumption of fact referred to above
    in point (e) as the former is a mandatory presumption while
    the latter is discretionary in nature.”

    10. In view of the settled principles of law in acquittal

    appeals, the evidence is reappreciated and to prove the

    offence against the accused, the prosecution has in all

    examined six witnesses. PW1 – Babubhai Laxmanbhai

    Hirpara examined at Exh. 11 is the complainant who has

    stated the facts as per the complaint which is produced at

    Exh. 14 and the procedure that was undertaken by the

    Trap Laying Officer at the time of the trap till the trap was

    successful. In the cross examination by the learned

    advocate for the accused the witness has admitted that he

    had given an application to the GEB on 18.04.1999 for

    shifting of the wire that was above his house and the

    application was in the name of his father but he had signed

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    the application in the name of his father as his father had

    gone for a pilgrimage on 20.03.1999 for two months. The

    application is produced at Exh. 18. In the application it was

    mentioned that the wires were required to be immediately

    shifted and the applicant was ready to bear the expenditure

    for the shifting of the wire. The witness has also admitted

    that a letter was received from the Deputy Engineer GEB,

    Subdivision Amreli addressed to his father and an

    estimated cost of Rs. 2940/- was to be incurred for shifting

    of the wire. The letter is produced at Exh. 19 and the

    complainant has admitted that he has not paid the amount

    till today and the wires have not been shifted as he has not

    paid the amount. The complainant has also admitted that

    the wires would be shifted at the expenses incurred by the

    landlord and it came to his knowledge that the expenditure

    would be about Rs. 3000/-as the GEB Officers had come to

    the spot for a survey. The accused had also stated that the

    expenditure would be Rs. 3000/- for shifting of the wires.

    The complainant has also admitted that he did not have

    any conversation about Rs. 7000/- with the accused and

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    the accused was working in the GEB and the people in the

    village would give the accused the amount of electricity bills

    to deposit with the GEB and any work of the GEB was done

    by the accused. After paying the bills in the GEB, the

    receipts were given by the accused to the persons who had

    given the amount to pay the bills and the accused was

    always helpful to everyone in the village for any work with

    the GEB. The accused had demanded for the expenditure

    for shifting of the wires and he had given the tainted

    currency notes to the accused which were accepted by him

    and placed in his shirt pocket.

    10.1 PW2 – Karshanbhai Malabhai Chudasama examined

    at Exh. 22 is the panch witness who has narrated the

    contents of the Panchnama which is produced at Exh. 24.

    In the cross examination the witness has stated that when

    he went to the ACB Office the Panchnama Part-I was

    dictated by Police Inspector Dave and it was written by his

    writer and as they were asked to sign the panchnama, he

    had affixed his signatures. The writing work was done by

    the officer and his writer and at that time he was sitting far

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    away. When the accused came to the house of the

    complainant, the complainant asked him about the

    application that was given to shift the wire at his own

    expenditure and the accused had told him that the survey

    was conducted and the wire would be shifted later on and

    the accused had told him that he would have to deposit Rs.

    3000/- and the complainant took the amount of Rs. 3000/-

    and gave it to the accused who accepted it and placed it in

    his pocket. The accused thereafter told the complainant

    that he would deposit the money in the GEB and would

    thereafter shift the wires. The witness has also admitted

    that he had affixed his signature on the Panchnama as per

    the say of the Trap Laying Officer.

    10.2 PW3 – Mahendrarai Jayashankar Dave examined at

    Exh. 29 is the Trap Laying Officer who has narrated the

    entire procedure that was undertaken by him on

    11.05.1999 when the complainant came to the ACB Office

    and the procedure undertaken by him for arranging the

    trap until the trap was successful. In the cross examination

    by the learned advocate for the accused the witness has

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    stated that in the document produced at Exh. 25, there is a

    signature which is In-charge Police Inspector ACB, Amreli

    but it is not his signature and he does not know whose

    signature it is. The seizure memo at Exh. 30 was produced

    as per his instructions. The application dated 18.04.1999

    was seized from the accused and the application was made

    by Lakhubhai Valabhai Hirpara – the father of the

    complainant. In the application it was mentioned that the

    wires were to be shifted at their own cost and he did not

    inquire whether the father of the complainant had in fact

    gone out of station. The witness has also admitted that he

    did not ask the complainant to bring his father to be the

    complainant, as the application was made by his father.

    The accused was arrested at Jithudi village but the arrest

    memo shows that the accused was arrested at Amreli and

    the arrest memo and the intimation given to the relatives of

    the accused is produced at Exh. 31 and Exh. 32

    respectively. The witness has admitted that the Panchnama

    produced at Exh. 24 was written by his writer and dictated

    by him.

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    10.3 PW4 – Shantilal Chimanlal Shah examined at Exh. 34

    is the Competent Authority who has given the order of

    sanction for prosecution which is produced at Exh. 35. In

    the cross-examination, the witness has admitted that in the

    order of sanction for prosecution produced at Exh. 35, the

    place of offence or the village is not mentioned and the date,

    time and place of prior demand or the amount of prior

    demand is not mentioned. He had only received a report

    from the ACB Office for the sanction and did not receive the

    letter dated 18.04.1999 addressed by Lakhubhai Valabhai

    to GEB for shifting of the line. The witness has admitted

    that he did not see the letter of Junior Engineer, Amreli

    (Rural) dated 12.05.1999 at the time of giving the order of

    sanction for prosecution.

    10.4 PW5 – Bhikubha Balubha Jadeja examined at Exh. 36

    is the Investigating Officer who has narrated the procedure

    undertaken by him during investigation and has stated that

    after he had taken over the investigation and had recorded

    the statements of some connected witnesses, he was

    transferred to ACB, Jamnagar and had handed over the

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    investigation to Police Inspector – G.D. Trivedi. In the cross-

    examination by the learned advocate for the accused, the

    witness has stated that the Junior Engineer had given an

    explanation dated 12.05.1999 which is produced at Exh.

    37.

    10.5 PW6 – Gunvantrai Devram Trivedi examined at Exh.

    38 is the Investigating Officer who had taken over the

    investigation from Police Inspector – Bhikubha Balubha

    Jadeja and had thereafter, filed the charge sheet after the

    order of sanction for prosecution was received. In the cross-

    examination by the learned advocate for the accused, the

    witness has admitted that he had written a letter to the

    Talati Cum Mantri seeking information about the house on

    01.07.1999 and the information was given by a letter dated

    06.07.1999 by the Talati Cum Mantri and both the letters

    are produced and recorded at Exh. 41 and Exh. 42

    respectively. The witness has also admitted that at the time

    of the trap there was no Police Inspector named J.P. Parmar

    at Amreli.

    11. On a careful appreciation of the entire evidence on

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    record, it emerges from the complaint and the deposition of

    the complainant that an allegation was made that the

    accused had initially demanded an amount of Rs. 4000/-

    for shifting the electric wire passing above the house of the

    complainant and after negotiation, the amount was

    allegedly settled at Rs. 3000/-. However, a close scrutiny of

    the evidence does not reveal any cogent or reliable material

    to establish that such a demand was in fact made by the

    accused at any point of time. The record further indicates

    that an application dated 18.04.1999, produced at Exh.18

    was submitted for shifting of the electric wires. The said

    application was made in the name of the complainant’s

    father – Lakhubhai Valabhai Hirpara. The complainant has

    admitted in his evidence that as his father had gone on a

    pilgrimage, he himself signed the application on behalf of

    his father. The application clearly records that the shifting

    of the wires could be undertaken at the cost and expenses

    of Lakhubhai Valabhai Hirpara. Significantly, the said

    Lakhubhai Valabhai has not been examined before the Trial

    Court and the complainant has candidly admitted that he

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    had affixed his father’s signature on the application. It has

    also come on record that the estimated expenditure for

    shifting the electric wire was Rs. 2940/-. The document

    produced at Exh. 19 shows that the Deputy Engineer of the

    GEB (Rural) Sub-Division had intimated Lakhubhai

    Valabhai regarding the said estimated expenditure. The

    evidence further discloses that a survey had been

    conducted by the officers of the GEB and the approximate

    cost of shifting the wire was assessed at around Rs. 3000/-.

    In his cross-examination, the complainant has admitted

    that the accused had asked him to deposit the amount of

    approximately Rs. 3000/- towards the expenditure required

    for shifting the wire in the office of the GEB and that upon

    submission of the application and deposit of the requisite

    amount, the process for shifting the wire would be

    undertaken. Thus, the evidence on record indicates that the

    amount referred to was towards official expenditure and not

    by way of illegal gratification. The communication of the

    GEB produced at Exh. 19 clearly reflects that the estimated

    expenditure for shifting the wire was Rs. 2940/-. The

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    complainant has also admitted that the Panchnama was

    not dictated by him but was dictated by the Trap Laying

    Officer and written by his writers and that he had merely

    signed the Panchnama as instructed by the officer. In such

    circumstances, the prosecution has failed to establish the

    alleged demand at the time of the trap beyond reasonable

    doubt. The Trap Laying Officer has also not verified what

    exactly had transpired between the complainant and the

    accused at the time of the trap and there is no satisfactory

    explanation regarding certain recitals appearing in the

    Panchnama produced at Exh. 24. With regard to sanction,

    PW4 – Shantilal Chimanlal Shah, who granted the sanction

    for prosecution has admitted that the sanction order

    produced at Exh. 35 was issued on the basis of a report

    forwarded by the ACB Office and that he had not perused

    the relevant documents before according sanction. The

    sanction order itself does not specify the date, time or place

    of the alleged demand nor does it mention the amount

    allegedly demanded by the accused. The witness has also

    admitted that he had not considered the letter of the Junior

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    Engineer, Amreli (Rural) Sub-Division dated 12.09.1999

    prior to granting sanction.

    12. In view of the aforesaid infirmities and the settled

    position of law, the prosecution has failed to establish the

    essential ingredient of demand of illegal gratification beyond

    reasonable doubt, and this Court is of the considered

    opinion that the learned Trial Court has duly appreciated

    the entire evidence in its proper perspective; finding no

    perversity, illegality, or infirmity in the appreciation of

    evidence, this Court is in complete agreement with the

    findings, ultimate conclusion, and the resultant order of

    acquittal recorded by the learned Trial Court. As the

    findings are absolutely just and proper and the present

    appeal is found to be devoid of merits, no interference is

    warranted in the impugned judgment and order;

    resultantly, the appeal is dismissed.

    13. The judgment and order passed by the learned Special

    Judge, 2nd Fast Track Court, Amreli in Special Case No.

    93/1999 on 31.05.2008, is hereby confirmed.

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    14. Bail bond stands cancelled. Record and proceedings

    be sent back to the concerned Trial Court forthwith.

    Sd/-

    (S. V. PINTO,J)
    VASIM S. SAIYED

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