DHANJIBHAI PREMJI KACHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the judgment and order passed in Special Case No.2 of 1989 by the learned Special Judge, Junagadh dated 10.01.1997 recording conviction of the appellantaccused no.1 for the offence under Sections 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947 imposing sentence of one and half year and fine of Rs.5,000/-, in default, simple imprisonment for six months. However, no separate sentence is awarded for the offence under Sections 161, 511 read with Section 201 of Indian Penal Code. The Learned Special Judge, Junagahd has also recorded conviction of the appellant-accused no.2 for the offence under Sections 201 and 511 of the Indian Penal Code and imposed her fine of Rs.250/-, in default, simple imprisonment for 10 days. However, the appellant-accused no.1 was acquitted for the offence under Section 5(1)(d) of the Prevention of Corruption Act, 1947.

(2.) The facts of the case briefly summarized are as follows :-

(3.) It is this judgment and order which has been assailed on the grounds set out in detail in the memo of Appeal, inter alia that the Learned Judge has failed to appreciate the material and evidence on record. It is also contended that the Learned Judge has committed an error in appreciating the evidence of the complainant and other witnesses in as much as he has failed to consider the motive for the false implication as the appellant no.1 had lodged the complaint against the complainant. Therefore, it has been contended that in light of the totality of the evidence, the Learned Judge has recorded the conviction erroneously.