INDRADEV B PANDEY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant - original accused has filed this Appeal under Section 374(2) of Cr.P.C. challenging the Judgment and order of conviction dated 31.12.1993 passed by the learned Special Judge, Court No. 2, Ahmedabad, in Special Case No. 4 of 1992, whereby the learned Special Judge has held the appellant - accused guilty for the offences charged against him.

(2.) BRIEF facts of the prosecution case is that one Ashoksinh Bholasinh Rajput has filed complaint against the present appellant - accused on 3.1.1991. It is alleged in the said complaint that Minadevi, elder sister of complainant, had completed her initial education in Hindi School No. 4, run by Ahmedabad Municipal Corporation, which is situated at mehganinagar, Ahmedabad, and upon completing her study upto Standard -7 during the academic year 1978 -79, she left the school. She had obtained the School Leaving Certificate at the time of leaving the school. However, the said Certificate was misplaced, and as she desired to appear in S.S.C. Examination as an external student, she wanted School Leaving Certificate for filling up the form as an external student, her brother, the complainant, had approached the appellant - accused in the School for obtaining School Leaving Certificate. It is alleged that prior to the date of filing of complaint, i.e. on 2.1.1991, the complainant contacted the appellant - accused and at that time the accused told him to come on the next day i.e. on 3.1.1991. It is alleged that the complainant again approached the accused on 3.1.1991 when it was told by the accused that if he wants to have the duplicate of the School Leaving Certificate, he (the complainant) is required to pay Rs. 5/ - per year from the date since the student left the school till the date of issuance of duplicate certificate and computing the academic year of leaving the school as being 1978 -79, the complainant was asked to deposit Rs. 65/ -. However, after negotiation and bargaining, the accused agreed to accept Rs. 30/ - for issuing the Certificate. As, at that time, the complainant was not having money, the accused told the complainant to come on the next day with money. As the complainant was not willing to pay the said amount, he approached the ACB Office and filed complaint.

(3.) THEREAFTER , Panch was called and preliminary panchnama was drawn and after completing all the formalities, the raiding party accompanied by the panch witnesses, went to the school on 4.1.1992. The complainant was instructed not to touch/take out smeared notes unless and until the demand is made by the accused and on demand by the accused, to immediately give the signal to the raiding party. The complainant contacted the accused and on seeing the complainant the accused inquired whether he had brought the amount or not to which the complainant replied in affirmative and so saying the complainant tendered the amount to the accused which he had accepted and thereafter pre -arranged signal was given to the raiding party. The raid was successfully carried out.