GULAM MAHMOOD A MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is by special leave by the appellant against the judgment of the Gujarat High Court in Crl. A. No. 837/73. D/- 12th December, 1974 reversing the order of acquittal of the trial court and finding the appellant guilty of offences under Section 161 I. P. C. and Section 5 (1) (d) read with Sec. 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him to three months rigorous imprisonment.

(2.) The appellant is a Bench Clerk in the Court of the City Magistrate, 3rd Court, Ahmedabad. The charge against him is that on 7-7-72 he accepted from one Natvarlal Govindlal Patel a sum of Rs. 2/- as illegal gratification for the favour of granting an adjourment to 18-7-72 in Crl. Case No. 497-72 and for accepting another sum of Rs. 2/- on 18-7-72 from Natvarlal Govindlal Patel for showing favour in granting a date for the next hearing.

(3.) The prosecution case in brief is that the complainant Natvarlal Govindlal Patel was accused in the Court in about four cases before the City Magistrate. Out of these four cases, three cases were committed to the Court of Session and the trial was pending against Natvarlal Govindlal Patel. In the fourth case Natvarlal Govindlal Patel was convicted of an offence under Section 420, IPC and sentenced to imprisonment for 9 months and to a fine of of Rs. 1,000/-. An appeal against conviction and sentence by Natvarlal Govindlal Patel also failed. Natvarlal Govindlal Patel stated that on several occasions, he paid the appellant a sum of Rs. 2/-.