SITARAM CHHOTALAL NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order in Special Case No. 31 of 1991 passed by the learned Special Judge, City Sessions Court No.2, Ahmedabad, dated 20.12.1994, recording the conviction of the appellant accused No.1 for the offence under Sections 7, 13(1)(d)(i)(ii) and 13(2) of the Prevention of Corruption Act, and imposing rigorous imprisonment for six months and fine of Rs.500/-, in default rigorous imprisonment for three months and also further imposing rigorous imprisonment for two years and fine of Rs.500/-, in default, rigorous imprisonment for three months.

(2.) The facts of the case, briefly summarised, are that the complainant is working as a Booking Clerk with a travel agent making travel arrangements and was giving vehicles on hire. The complainant's car met with an accident and it was brought by the break down service with the crane from Gandhinagar to Ahmedabad. At that time, the accused No.1 was serving at the Toll Naka and is said to have stopped the vehicle for verification and on inquiry, he is said to have stated that the vehicle was being taken for destroying as a scrap vehicle and the octroi was required to be paid. It is also alleged that the accused No.1 is said to have stated to the driver that as per the valuation of the vehicle, the amount of octroi would be more. However, if some Tea expenses is paid, the vehicle may be released. It is also stated that the Registration Book was collected by stating that it may be returned on payment of the amount. Thereupon, when the driver was having only Rs.50/-, he offered the same which was accepted by the accused and he was asked to bring the further amount of Rs.150/-.

(3.) After recording of the evidence of the prosecution witnesses was over, the learned Special Judge also recorded the further statement of the accused under Section 313 of th Code of Criminal Procedure.