PURANMAL MOTUMAL PESAVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original accused No.1 has prayed to quash and set aside the judgment and order of conviction and sentence dated 23rd July, 1999 passed by the learned Special Judge, Ahmedabad (Rural), in Special Case No.13 of 1998 whereby the learned Special Judge was pleased to convict the appellant for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced him to undergo rigorous imprisonment for a period of one year, and also imposed fine of Rs.5,000/-, and in default of payment of fine; sentenced him to undergo imprisonment for a further period of six months. The appellant was also convicted for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for a period of two years, and also imposed fine of Rs.3,000/-, and in default of payment of fine; sentenced to undergo imprisonment for a further period of four months.

(2.) AS per the case of the prosecution, the appellant was serving as Section Officer in the office of the Water Resources Corporation, Sub Division, Viramgam. On 07th January, 1998, the complainant met the present appellant in connection with his application made for obtaining No Objection Certificate for taking electric connection on the Water Bore on his land. It is alleged that the appellant took him in the compound of the office and asked for Rs.5,000/- as illegal gratification and told the complainant that he will have to understand in dealing and after having bargained an amount of Rs.3,000/- was decided which the appellant asked the complainant to pay by evening of 08th January, 1998 and take away the required papers. It is further alleged that the appellant took the complainant to accused No.2 and asked the accused No.2 to take Rs.3,000/- from the complainant and give him papers if the appellant is not present on that day. That on 08th January, 1998, at about 17.00 hours in the office of the Corporation, original accused No.2 accepted Rs.3,000/- from the complainant and it is the prosecution case that the same was accepted on behalf of the present appellant for issuing NOC to the complainant and therefore, both the accused misused their position as public servant and committed the offence as alleged here-in-above.

(3.) THEREAFTER, charge at Exhibit 9 was framed against accused persons for the offences punishable under Section 7, 13(1)(d)(i) and (ii) read with Section 13(2) of the Prevention of Corruption Act and read over to the complainant. The appellant pleaded not guilty and claimed to be tried.