RAGHUVIR AGGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 31-8-1994 passed by the learned Special Judge, Court No. 2, Ahmedabad in Special Case No. 8 of 1992, whereby, the learned Special Judge, Ahmedabad has convicted the Appellant under Section 7 of the Prevention of Corruption Act and sentenced to undergo S.I. for a period of 3 years and to pay a fine of Rs. 1,500/-, in default, to undergo further S.I. for three months. The Appellant is also convicted under Sections 13(1)(d)(i) and (ii) punishable under Section 13(2) of the Act and sentenced to undergo S.I. for a period of three years and to pay a fine of Rs. 1,500/-, in default, to undergo further S.I. for three months, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is as under:

(3.) That on 22-3-1991, the complainant Jignesh Rameshchandra Shah of Ahmedabad, lodged a complaint with the A.C.B., at Ahmedabad to the effect that the present Appellant-accused who is the Ward Inspector of Ellis Bridge Division, Western Zone of the Ahmedabad Municipal Corporation is demanding from him illegal gratification for issuance of the cheque of refund to which he is entitled to from the Corporation in connection with payment of excess taxes of property paid by him to the Corporation. It is alleged that the complainant along with his mother is staying in a flat and against the fixation of unreasonable tax payable to the Corporation, he was required to file an Appeal before the Court of Small Causes at Ahmedabad, wherein, decision was rendered by the Court in his favour and as by that time the Corporation had recovered more taxes than what was recoverable from him, he was entitled to receive the refund for the amount of taxes paid in excess from the Corporation. For the purpose he gave an application to the Tax Department and on 23-2-1991, he had received the letter of Assessor and Collector, Tax Deptt. of the Corporation intimating him to see the authority concerned, and therefore, he contacted that authority in person in the Usmanpura Zonal Office of the Corporation. There, the complainant was shown his refund file and was asked to see the person concerned either on 22-3-1991 or on 23-3-1991; the complainant was told that the officer concerned is going to take personal interest in the matter to see that the complainant is issued the cheque immediately and if the complainant wants to try to obtain the cheque himself, then in that case, he shall have to go all around, but that if the complainant pays him some gratification, his case will be dealt with soon. It was also represented to complainant that the said official normally charges Rs. 500/- for the said purpose as gratification, but that from him he will accept only Rs. 300/-. After these talks and representations, the complainant was advised to contact that person in the said office on 22-3-1991. Thereupon, on 22-3-1991, the complainant along with his friend Jayeshbhai Balmukunddas Mehta went to the Corporation's Office in the morning. The person who had demanded the illegal gratification from complainant saw him and told the complainant that he should pay him Rs. 300/- and immediately the cheque will be given to him. The complainant told him that he had not brought the amount and he has to go to the Bank for withdrawal of the money. Thereupon, he was advised by that official that he should come between 2-00 p.m. and 2-30 p.m. on the same day and in the meanwhile he is trying to get the cheque issued. Thereafter, he took him to the office of the Treasury wherein the complainant gave the authority for receiving the cheque as he was to receive the same on behalf of his mother. He was also asked to sign some voucher and he was given token No. 113 which after the complainant came out of the office was taken from him by that official. Thereafter, the complainant came out of the office of the Corporation and as he was not a willing party to pay the gratification he decided to contact the A.C.B. Office, and accordingly, contacted the P.I. incharge and lodged his complaint. Thereupon, the complaint was taken, two panch witnesses were requisitioned and after following all the due preliminaries for carrying out such raid and after giving due instructions to the complainant to tender the bribe money as and when demanded by the concerned official of the Corporation, the raiding party along with the complainant and the panch witnesses reached the office of the Corporation and the raid was carried out which was successful. Then investigations were carried out, after registering the complaint given, and after carrying out the investigations, the papers of investigations were transmitted to the higher-ups in the A.C.B. for obtaining the requisite sanction to prosecute the present Appellant-accused and upon obtaining the sanction, the charge-sheet against the accused came to be filed before the Special Court on 17-11-1992, which was given Special Case No. 8 of 1992.