STATE OF GUJARAT Vs. NAVINBHAI CHANDRAKANT JOSHI

JUDGEMENT

(1.) This is a petition filed by the accused no. 2/respondent no. 1 to modify the judgment dated 17.7.2018 in Criminal Appeal Nos. 895-896/2018.

(2.) In paragraph (3) of the judgment, the accused no. 2/respondent no. 1 has been stated to be the Government servant, which is not factually correct. Though, the accused no. 2/respondent no. 1 is not a Government servant, bribe amount in currency notes of Rs.500/- were recovered from him only; there were signs of anthracene powder noticed from the shirt pocket of the accused no. 2/respondent no. 1. Considering the fact that currency notes were recovered form the accused no. 2/respondent no. 1, in our view, the ingredients of Section 8 of the Prevention of Corruption Act, 1988 are established.

(3.) The conviction of the accused no. 2/respondent no. 1 under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 is modified as the conviction under Section 8 of the said Act, and the sentence of one year imposed is reduced to six months.