DHIRAJLAL VITHALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 9.1.1998 passed by the learned Special Judge, Navsari Dist. Valsad in Special Case No. 1/1992, whereby, the learned Special Judge has convicted the appellant-accused for the offence punishable under Secon 13(1)(d)(1)(2) of the Prevention of Corruption Act and sentenced him to undergo R/I for 2 years and a fine of Rs. 2000/-, in default, to further undergo S/I for four months, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is as under:

(3.) The Director of ACB, Gujarat State, Ahmedabad had received an application from one Shamjibhai Mehta, resident of village Vedchha, taluka Navsari dated 26.3.1990, inter alia, alleging that the present appellant who is a Medical Officer was issuing false medical certificates by accepting money illegally. It is further the case of the prosecution that on the strength of the said application, an intimation was received by P.I. Shri A.M. Yadav of Valsad ACB to lay the trap and report the same. Therefore, PI Shri Yadav called two panchas (I) Shri Govinddas Ramlakhan Morya and (ii) Barjulbhai Chalubhai Gavit and one fake patient Shri Hemantkumar Dhansukhlal. Thereafter, the information which the Trapping Officer has received was disclosed before the three independent witnesses and thereafter the trap was arranged and trap amount of Rs. 40/- was produced by the Trapping Officer and the sprinking of anthracene powder was done and also the ingredients of anthracene powder was explained to the witnesses and then preliminary panchnama was prepared. Thereafter, as per the information regarding complaint, all the three witnesses and members of raiding party reached to the place of incident and then the witness fake patient met the appellant and asked for false sick medical certificate. At that time, the appellant had demanded Rs. 40/- and it was accepted by the present appellant-accused. Thereafter, after the signal given by the witness fake patient, the members of the raiding party rushed to the place of incident and physical verification of the appellant was carried out in the light of UV Lamp and muddamal trap amount was recovered from the same place and anthracene powder was also found on the finger, tips and hand of the appellant and thereafter second part of panchnama was prepared accordingly. Thereafter, P.I. ACB, Valsad, Shri AM Yadav, the Trapping Officer, has given the complaint against the appellant - accused for the offence punishable under Section 7 and 13(1)(d) of the Prevention of Corruption Act.