KODAVAYUR NARAYAN SHASTRI SUNDRAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . (At the admission stage) 1 R. & P is before us. Counsel for the appellant is heard fully.

(2.) A retired Govt. Officer (Ex-Deputy Educational Adviser of the Education Ministry at New Delhi) has been convicted under sec. 165A of the Indian Penal Code (and sentenced to suffer rigorous imprisonment for three months and to pay a fine of Rs. 5000.00) for offering a sum of Rs. 5000.00 by way of illegal gratification to an I.A.S. Officer holding the post of Commissioner of Municipal Corporation of Surat. It is not disputed (indeed it is admitted) that the envelope containing currency notes of Rs. 5000.00 was handed over by the appellant to the Commissioner in his Chamber on that day. His defence is that the Commissioner had misunderstood his motive and purpose and his innocent act of offering the sum by way of a part payment in respect of contribution of Rs. 25 0 which was offered by him on behalf of the institution represented by him (Saifiyah Foundation) was wrongly understood as an officer for illegal gratification The defence (in our opinion) has been rightly disbelieved. Admittedly :

(3.) Counsel for the appellant urges three submissions : (1) The defence version is probable. (2) The appellant had no motive to offer illegal gratification. (3) Sentence of three months is excessive.