RAFIKMIYA AHMEDMIYA MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals take exception to the common judgment of the learned Single Judge of the High Court of Gujarat dtd. 22/1/2015 whereby the conviction of the appellants for the offence punishable under Ss. 7, 12 and 13(1)(d) of the Prevention of Corruption Act, 1988 [For short, 'the Act of 1988'] has been upheld. They were sentenced to suffer rigorous imprisonment for a period of one year and fine of Rs.2000.00. The appeal preferred by the State of Gujarat seeking enhancement in the sentence of punishment was, however, dismissed.

(2.) As per the prosecution case, one Hasmukhbhai Maganbhai Chauhan [For short, 'the complainant'] was pursuing his education and was required to produce an Income Certificate for being entitled to certain concessions. For obtaining the Income Certificate, he approached the Mamlatdar on 6/2/1996 and made an application in that regard. The application was examined and forwarded to the Talaticum- Mantri of Village Bechri. The complainant, accordingly, went to the Bechri Grampanchayat and met the Talati-cum-Mantri [For short, 'A1'] on 7/2/1996. On perusing the said application, A1 demanded an amount of Rs.120.00 from the complainant. A1 stated that Rs.100.00 was to be given to him and Rs.20.00 was to be given to the Peon [For short, 'A2']. The complainant, thereafter, returned back stating that he would get the money afterwards. The complainant, thereafter, went to the office of A1 on 14/2/1996. A1 demanded a copy of his father's income certificate along with the amount of Rs.120.00. The complainant was asked to come back with the certificate. The complainant, thereafter, on 19/2/1996 met A1 near the bus stand at about 11:30 am. He gave him the income certificate of his father. The complainant, thereafter, proceeded to the office of the Anti- Corruption Bureau and lodged a complaint as he did not want to pay the money demanded by A1. Accordingly, the complaint was accepted and preparations were made for laying the trap.

(3.) The complainant along with the raiding party visited the office of A1 on 19/2/1996 for collecting the concerned certificate. According to the prosecution, on receiving such certificate the complainant gave a note of Rs.20.00 to A2 who put it in his pocket. On giving the pre-determined signal, the raiding party appeared and, thereafter, drew the necessary panchnama. After completing all the formalities, an offence was registered against A1 and A2. Investigation was, thereafter, undertaken. On its completion, a chargesheet was duly filed. The charge was framed against A1 and A2 alleging commission of offence under Ss. 7, 12 and 13(1)(d) of the Act of 1988. In addition, charge for the offence punishable under Sec. 120B of the Indian Penal Code, 1860 [For short, 'the Penal Code'] was also framed. As A1 and A2 denied the charges, they were tried. The prosecution examined five witnesses to prove the charge. The defence raised by A1 and A2 was of denial. They submitted their explanation in writing.