RAMESHKUMAR NANDVANDAN KHAKHKHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the judgment and order passed in Special Case No.3 of 1989 by the learned Special Judge, Valsad dated 30.10.1996 recording conviction of the Appellant - Accused for the offence under Sections 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947 and Section 161 of Indian Penal Code, imposing RI for 2 years and fine of Rs.5000/- and in default, SI for 6 months. No sentence is separately awarded for offence under Section 161 of IPC.

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

(3.) It is the case of the prosecution that in the year 1987 while serving in the office of City Survey, Sanjan, District Valsad, the complainant had made an application for the entry regarding the property, and at that time, the Appellant - Accused is said to have made a demand for illegal gratification of Rs.1000/-. On 17.4.1988 the Appellant - Accused is said to have been caught red-handed in a trap accepting the part-payment of Rs.500/- as and by way of illegal gratification, and thereby committed offence, for which the complaint was registered by the complainant with ACB, Valsad, which is at Exh.45.