Gujarat High Court
The State Of Gujarat vs Bipinbhai Naranbhai Patel on 14 May, 2025
NEUTRAL CITATION
R/CR.A/1955/2006 JUDGMENT DATED: 14/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1955 of 2006
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE D.N.RAY
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Approved for Reporting Yes No
Yes ---
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THE STATE OF GUJARAT
Versus
BIPINBHAI NARANBHAI PATEL
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Appearance:
MS ASMITA PATEL, APP for the Appellant(s) No. 1
MR AKASHKUMAR H PATEL(12877) for the Opponent(s)/Respondent(s) No.
1
MR BHAVIK R SAMANI(8339) for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE D.N.RAY
Date : 14/05/2025
ORAL JUDGMENT
1. Heard learned Additional Public Prosecutor Ms. Asmita Patel for the Appellant-State and learned advocate Mr. Akashkumar H. Patel with learned Mr. Bhavik R. Samani for the Respondent.
2. This appeal is filed by the Appellant-State under Section 378 (1) (3) of the Criminal Procedure Code, 1973 challenging the judgment and order dated 31.03.2006, passed by the Page 1 of 8 Uploaded by A. B. VAGHELA(HC01079) on Wed May 14 2025 Downloaded on : Thu May 15 02:31:59 IST 2025 NEUTRAL CITATION R/CR.A/1955/2006 JUDGMENT DATED: 14/05/2025 undefined learned Additional Sessions Judge, 3 rd Fast Track Court, Nadiad in A.C.B. Case No. 16 of 2003, by which the learned Judge was pleased to acquit the present Respondent-original accused.
3. The brief facts of the case are as follows:
3.1 The case of the prosecution, in nuce, is that the Complainant, one Delipbhai Shankardan Gadhvi, was engaged in agricultural activities and earned his livelihood therefrom.
He was residing at village Shatruda, Taluka Mehmdabad. It is further the case of the prosecution that the Complainant's father had four brothers, and from the ancestral property, land admeasuring approximately three vighas bearing Survey Nos. 126 and 23 was held as his share. However, the said parcels of land stood recorded in the names of his paternal aunt Devalben, Mungabhai, and their son Mohbat.
3.2 The prosecution alleges that the Complainant, being desirous of effecting rectification in the land records to remove the names of his relatives from the aforementioned survey numbers, approached the accused, who was serving in his official capacity as Talati-cum-Mantri at Ghodasar Gram Panchayat on 27.01.2003. The accused, upon such request, is stated to have advised the Complainant to procure the presence of his aunt and her son. It is further alleged that the Complainant complied and visited the accused's office along with the aforementioned persons, whereupon the accused obtained their signatures on a consent application and directed the Complainant to return after approximately one month.
Page 2 of 8 Uploaded by A. B. VAGHELA(HC01079) on Wed May 14 2025 Downloaded on : Thu May 15 02:31:59 IST 2025NEUTRAL CITATION R/CR.A/1955/2006 JUDGMENT DATED: 14/05/2025 undefined 3.3 According to the prosecution, when the Complainant approached the accused after the said period, the accused demanded an amount of ₹900/- for processing the rectification but offered to accept ₹700/- from the Complainant. The Complainant, allegedly being financially constrained, requested for a reduction in the demanded amount, which request was declined by the accused.
3.4 It is further the case of the prosecution that on 29.04.2003, the Complainant submitted an application for correction in land records and dispatched a copy of the same to the office of the Talati-cum-Mantri, Ghodasar, by post. Subsequent thereto, when the Complainant inquired about the status of his application, the accused questioned the filing of the application and reiterated the demand for ₹700/-, assuring the Complainant that the work would be completed upon payment. The Complainant, being unwilling to comply with the alleged illegal demand, approached the Anti-Corruption Bureau (ACB), Nadiad, and lodged a formal complaint.
3.5 Pursuant to the said complaint, the Police Inspector of ACB requisitioned the services of two government employees from the Sales Tax Office, Nadiad, to act as Panch witnesses. The Complainant, panch witnesses, and the ACB team were introduced to one another, and a trap was accordingly planned. The complaint was read aloud before the Panch witnesses and was duly endorsed by their signatures. The Complainant produced ₹200/-, and the remaining ₹500/- was Page 3 of 8 Uploaded by A. B. VAGHELA(HC01079) on Wed May 14 2025 Downloaded on : Thu May 15 02:31:59 IST 2025 NEUTRAL CITATION R/CR.A/1955/2006 JUDGMENT DATED: 14/05/2025 undefined provided by the ACB treasury, with due sanction.
3.6 Thereafter, currency notes in the denomination of ₹100/-, were treated with phenolphthalein powder and placed in the left shirt pocket of the Complainant. The serial numbers of these notes were recorded in the preliminary panchnama. Specific instructions were given to the Complainant and Panch witness No.1 -- namely, that the treated currency notes were to be handed over only upon express demand by the accused. Panch witness No.1 was tasked with observing the transaction, and in the event of acceptance of the bribe amount, a pre- arranged signal (raising of hands) was to be given to the ACB team.
3.7. Following these preparations, the preliminary panchnama was drawn, and the signatures of both Panch witnesses were obtained thereon. The Complainant, Panch witnesses, and the ACB raiding team then proceeded to the office of the accused. Upon arrival, the Complainant and Panch witness No.1 engaged with the accused and made inquiries regarding the application.
3.8. At that juncture, the accused allegedly inquired whether the Complainant had brought the money. The Complainant thereupon handed over seven ₹100/- notes to the accused, which the latter placed in the left pocket of his shirt. Immediately thereafter, the pre-arranged signal was given, and the ACB raiding team, including Panch witness No.2, arrested the accused.
Page 4 of 8 Uploaded by A. B. VAGHELA(HC01079) on Wed May 14 2025 Downloaded on : Thu May 15 02:31:59 IST 2025NEUTRAL CITATION R/CR.A/1955/2006 JUDGMENT DATED: 14/05/2025 undefined 3.9 The Police Inspector and the ACB personnel then identified themselves and commenced interrogation. Panch witness No.2 conducted a personal search of the accused, recovering seven ₹100/- notes from his left shirt pocket. The serial numbers of these notes were verified against those recorded in the preliminary panchnama and were found to be identical. Thereafter, a phenolphthalein test using sodium carbonate solution was conducted, which turned the currency notes pink, thereby confirming prior application of the chemical. A filter paper rubbed against the accused's shirt pocket also yielded a positive result when treated with sodium carbonate, corroborating the handling of tainted currency.
3.10. The marked currency notes and the shirt worn by the accused were seized, and appropriate seizure memos and panchnamas were drawn, bearing the signatures of the Panch witnesses. On the basis of these facts, an FIR was registered and investigation was carried out. Upon completion of the investigation, a chargesheet was filed against the accused under the relevant provisions of the Prevention of Corruption Act, whereafter the matter was committed to trial.
3.11 Pursuant to the aforementioned events, an offence came to be registered, whereupon investigation was undertaken in accordance with law. Upon culmination of the investigation, a chargesheet was filed against the accused for offences punishable under Sections 7, 13(1)(d), and 13(2) of the Prevention of Corruption Act, 1988. The matter was thereafter Page 5 of 8 Uploaded by A. B. VAGHELA(HC01079) on Wed May 14 2025 Downloaded on : Thu May 15 02:31:59 IST 2025 NEUTRAL CITATION R/CR.A/1955/2006 JUDGMENT DATED: 14/05/2025 undefined committed to trial before the competent court.
3.12 The accused entered a plea of not guilty and claimed to be tried. Consequently, the prosecution adduced oral and documentary evidence in support of its case. Upon conclusion of the trial, the learned Presiding Officer, Additional Sessions Judge, 3rd Fast Track Court, Nadiad, was pleased to pass an order of acquittal in favour of the present respondent - original accused.
4. Aggrieved thereby, the Appellant has preferred the present Appeal.
5. It is the specific case of the prosecution that the panch- witness no.1 has throughout supported the prosecution case and therefore, the fact that the accused had demanded and accepted the 'bribe' is proved beyond reasonable doubt. Unfortunately, for the prosecution, as will be evident from the deposition of the complainant, the complainant has categorically stated that he was under the misconception/ misunderstanding that the accused had demanded a 'bribe' of Rs.700/-, but in reality, he had paid the amount to the accused for the land revenue assessment certificates, which in-fact, were given by the accused. The said land revenue assessment certificates have been placed on record by way of Exhibits 15 to 17. Thus, it is not in dispute that the aforesaid land revenue assessment certificates were in-fact prepared by the Panchayat, which were handed over by the accused to the complainant, for which, the money was demanded by the Page 6 of 8 Uploaded by A. B. VAGHELA(HC01079) on Wed May 14 2025 Downloaded on : Thu May 15 02:31:59 IST 2025 NEUTRAL CITATION R/CR.A/1955/2006 JUDGMENT DATED: 14/05/2025 undefined accused. However, the demanded money was not a "bribe". When the complainant in his deposition had categorically stated the same, the complainant was re-examined by the learned counsel for the prosecution. However, the complainant has stood firm in the said re-examination and has reiterated that whatever he has deposed, he has done so with full clarity and that he was under a misunderstanding that the amount, which was demanded by the accused, was a 'bribe' amount, whereas, in reality, the amount was demanded for the actual procurement of the certificates exhibited at 15 to 17 from the Panchayat.
6. Before this Court, it has been argued by the learned APP Ms. Asmita Patel that out of the Rs.700/- demanded and given, only Rs.400/- was towards the certificates at Exhs.15 to 17, therefore, it has to be assumed that the balance amount of Rs.300/- was towards the bribe, which was demanded by the accused and paid by the complainant and proved conclusively by the panch-witness no.1, P.W.-2.
7. In my opinion, this is a charge, which was not put to the accused in the course of the trial and therefore, the accused did not have an opportunity to meet with such a charge. In that view of the matter, the aforesaid plea of the learned APP that a sum of Rs.300/- was demanded as a 'bribe' out of Rs.700/- as per the original charge, cannot be accepted at this stage. In such view of the matter, the evidence of P.W.-2 - panch- witness has to be taken in its proper perspective, inasmuch-as, the panch-witness merely proves that the sum of Rs.700/- was Page 7 of 8 Uploaded by A. B. VAGHELA(HC01079) on Wed May 14 2025 Downloaded on : Thu May 15 02:31:59 IST 2025 NEUTRAL CITATION R/CR.A/1955/2006 JUDGMENT DATED: 14/05/2025 undefined demanded and paid to the accused. However, the panch- witness does not prove that the said amount, which was demanded, was in the nature of a 'bribe'. Therefore, in view of the categorical deposition of the complainant himself, there could be no occasion for this Court to place any further reliance upon the evidence of the P.W.-2. In a trial, each witness has a specific job to do. The role of each witness is different. The role of the panch-witness was to prove the demand and actual physical delivery of the money. However, whether such money was in the nature of a bribe, could have only been proved through the complainant. In view of the deposition of the complainant, as discussed above, the prosecution case eventually falls.
8. In such view of the matter, I am in complete agreement with the findings of the learned trial court. Resultantly, the instant appeal is dismissed as being devoid of merits.
9. Record and proceedings be sent back to the concerned Court forthwith.
(D.N.RAY,J) A. B. VAGHELA Page 8 of 8 Uploaded by A. B. VAGHELA(HC01079) on Wed May 14 2025 Downloaded on : Thu May 15 02:31:59 IST 2025