ARVINDBHAI RAMNIKLAL TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and order dated 30th April 1993 passed by the learned Special Judge, Court No.3, Ahmedabad in Special Case No.32 of 1986, whereby the appellant herein has been convicted for the offences punishable under Section 161 of the Indian Penal Code (IPC) and Section 5(2) of the Prevention of Corruption Act, 1947 (the P. C. Act). For the offence under section 5(2) of the P.C. Act he has been sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.400/-, in default to suffer rigorous imprisonment for a period of two months and for the offence under Section 161 of the P. C. Act he has been sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.400/-, in default to suffer rigorous imprisonment for a period of two months. Both the substantive sentences have been directed to run concurrently. During the pendency of this appeal, the appellant-convict has expired, however, his three sons being his heirs and legal representatives had filed an application for being brought on record and vide order dated 23.7.1998 they had been permitted to be joined as appellants in this appeal.

(2.) BRIEFLY stated, the case of the prosecution is that at the relevant time the appellant herein was working as Branch Manager, State Bank of Saurashtra, Mota Devalia Branch, District Amreli, during the period 26.12.1984 to 17.03.1986. The appellant received a loan application from one Rameshbhai Shamjibhai Patel, resident of village Khijadia Kotda, Taluka Babra, District Amreli, (hereinafter referred to as the complainant) in the month of February 1985 for Rs.8,800/- along with quotations and other documents from the Taluka Panchayat Office, Babra. This loan application was for the purchase of bullock-cart. Since the application was not granted, the complainant approached the appellant in the said branch and was told that the scheme was closed and that he would be informed as and when the scheme was resumed. The complainant again met the appellant after three months and inquired about his loan application. At that time also, he was told by the accused that he was not likely to get the loan amount and that he would inform the complainant when the same is due. Since there was a drought in the village, the complainant had to go to village Vav for labour work. Two months thereafter, the complainant approached the appellant and inquired about his loan and was told that he would have to submit fresh quotations for bullock cart and tyres. The complainant collected fresh quotations of Rs.2,500/- and gave these quotations to Gram Sevak Shri Kantibhai Patel of his village, who in turn, sent these papers to State Bank of Saurashtra, Mota Devalia Branch. The complainant then went to the bank on 10.03.1986 and met the appellant, who asked him to come after two days. Accordingly, the complainant approached the appellant on 12.03.1986 when he scrutinized his ration card etc. and demanded a bribe of Rs.400/- as a motive or reward.

(3.) THE investigation of the offence came to be entrusted to Police Inspector M. M. Patel of CBI on 14th April, 1986. On receipt of the case papers, the offence came to be registered as R.C. No.6/1986. After obtaining sanction for prosecution, upon conclusion of the investigation, charge sheet came to be filed in the Court on 16th Decembe,r 1986. THEreafter, the charge came to be framed at Exhibit 12 on 13th November, 1987. THE accused pleaded not guilty to the charge and claimed to be tried.