HITENDRA NATWARLAL 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 5.5.1998 passed by the learned Special Judge, Nadiad in Special Case No.7 of 1994, whereby, the learned Judge has convicted the appellant under section 161 of the Indian Penal Code and sentenced to undergo R.I. for one year and to pay a fine of Rs.1000/-, in default, to undergo three months S.I. Learned Special Judge was pleased to convict and sentence the appellant under Sections 7 and sec. 13(2)of the Prevention of Corruption Act and sentenced him to undergo R/I for two years and to pay a fine of Rs.2000/-, in default, to undergo S.I. for four months.

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

(3.) It is the case of the prosecution that the appellant was serving as P.S.I. at Tarapur Police Station and one accused named Shakraji Somaji Dabhi was performing his duty as Unarmed Head Constable at the very police station. The complainant Pramodbhai Shankarbhai Patel and Bhanubhai Ambalal Purohit were engaged in business of caterers. The altercation took place between the complainant and Manubhai Parsottambhai Patel and Vishnubhai Parsottambhai regarding dues of business and about borrowing the amount to the said persons. In connection to the said dispute, against Bhanuprasad Ambalal and other three persons the complaint was lodged before Tarapur Police Station on 24.6.1993 and the investigation was handed over to Shakraji Somaji Dabhi, Head Constable. Said Constable told the complainant to meet the appellant - accused, who was P.S.I. of the Police Station, if you would want to dispose the complaint. Thereafter, complainant met the appellant and the appellant demanded Rs.15000/- from the complainant. Ultimately, the deal was fixed in the sum of Rs.6000/- therefore, the complaint was lodged against the appellant - accused and other accused, who was Constable at Tarapur Police Station regarding demand of bribe made by the accused before the ACB, Nadiad and in the said complaint, the signatures of two witnesses were taken and they were Ramanbhai Kabhaibhai Solanki and Subhasbhai Jamnadas Rathod were called from Jilla Panchayat office, Nadiad. Thereafter, P.I. Mr. Bhatt, A.C.B. told the complainant to produce the trap amount and therefore, the complainant produced the trap amount of Rs.6000/- (Rs.500 x 8 = Rs.4000/- and Rs.100 x 20 = Rs.2000/-). The numbers of said currency notes were noted in first part of Panchnama and thereafter, anthracene powder was applied to the said currency notes and experiment of ultra violet lamp of the said notes was carried out. Thereafter, the complainant, panchas and raiding party went to Tarapur Police Station, where the appellant accused was present at that time. The complainant met the accused, who had demanded the bribe amount and the said amount was accepted by the appellant accused and kept the said amount in the left pocket of pent. Thereafter, the complainant made signal to the member of raiding party, who were standing outside the police station and therefore, they entered to the police station and said currency notes were recovered from the pocket of the appellant - accused and anthracene powder was found on the hand, tips and thumb of right hand and the edge of the pocket of the accused appellant. After obtaining the sanction from the appropriate authority, the charge-sheet was filed, which was given number as Special Case No. 7 of 1994.