G L RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant herein was found guilty of offence punishable under Section 5(2) of the Prevention of Corruption Act, 1947 as also under Section 161 of the Indian Penal Code. He was convicted for the said offences to suffer rigorous imprisonment for one year and to pay a fine of Rs. 100/- in default to suffer further rigorous imprisonment for one month by the Special Judge, Ahmedabad.

(2.) An appeal filed against the said judgment and conviction to the High Court of Gujarat at Ahmedabad having failed, the appellant is now before us in this appeal.

(3.) Brief facts necessary for the disposal of this case are as follows : When the appellant was working as a Senior Clerk in the office of Licensing Board, Gujarat, the complainant was working as a Junior Assistant Electrical Inspector. The appellant while holding the said post was responsible for clearing TA, DA bills of the complainant. It is the case of the prosecution that for clearing one such bill of the complainant, the appellant demanded Rs. 101/- hence, the complainant approached the Anti-Corruption Bureau who agreed to lay a trap and in the said trap which was organised on the 17th of Dec. 1984 the appellant did not accept the gratification amount because he was in a hurry to leave the office. It is further case of the prosecution that two days later, i.e. on 19th of Dec. 1984 the complainant along with ACB officers and other panch witnesses went to the office of the appellant and when the complainant and the panch witnesses approached the appellant he received the said of sum of money which was pre-marked and treated with phenolphthalein. When the officers of the ACB came into the room of he appellant, the appellant threw away the currency notes which landed on the next table. The members of the ACB team then arrested the appellant and on conducting the necessary test it was found that the appellant had handled the currency.