RAMJIBHAI RUPABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-accused has challenged in this appeal the judgment and order of conviction and sentence dated 24.12.1986 passed by the learned Special Judge, Bhavnagar in Special Case No.2 of 1984 whereby the appellant is convicted for the offence under Section 161 IPC and Section 5(1)(d) of the old Prevention of Corruption Act and sentenced to suffer 2 years R.I. and to pay fine of Rs.2,000/= in default to further undergo 3 months S.I. This appeal was admitted by the Division Bench of this court on 10.3.1987 and the appellant-accused was ordered to continue on bail on the same bail fresh bonds, thus, the order of substantive sentence passed by the learned Special Judge has remained suspended till today. Prosecution Case :-

(2.) The present appellant-accused made necessary entry in the register maintained in his office about the same. Thereafter, after a period of 15 days the accused had gone to the house of the complainant Popatbhai and met his son Amarsinh as he was not present there. Thereafter, again the appellant-accused visited the house of the complainant Popatbhai on 15.11.1984 at about 10.30 a.m. and demanded Rs.300/= for showing favour to Popatbhai by giving good opinion about his conduct in a case in which he was released on probation for a period of one year. The complainant was absolutely poor and he had no money to pay, but ultimately he agreed to pay Rs.100/= in the evening at 6.00 p.m. of that very day i.e. on 15.11.1984.

(3.) However, the complainant had no money and he was not prepared to pay the bribe amount to the accused, therefore, he went to Anti Corruption Bureau Office at Shahibaug. His complaint was reduced in writing by the Police Inspector, Shri Mahipatrai Trivedi PW-6 Ex.24. Thereafter, panchas were called and first half of the panchnama was prepared and the complainant was given prior instructions after carrying out experiment of anthracene powder on the note in ultra violet lamp. Thereafter, they reached the house of complainant-Popatbhai in the evening at 6.00 p.m. and it was decided that both the panchas and P.I. will stand outside room of the complainant and they will witness the talk of transaction taken place in the room of the complainant between the complainant and the accused from window (size 18" x 18"). There was some delay in arrival of the accused, therefore, the complainant switched on the light of his room and after some time the appellant-accused went to the house of the complainant. The complainant welcomed him and stated that he was obliged by the act of the accused in submitting report for probation in his favour. However, the accused stated that leave it there and asked him whether he had arranged money or not. On saying so, the complainant took out currency note from his packet and paid to the accused which was received by the accused with his right hand and while he was counting the notes the accused gave a signal and immediately the I.O. and Panchas entered the room and apprehended accused then and there and recovered the notes with anthracene power on it from the appellant accused. Thereafter, second half of the panchnama was prepared and completed.