THAKKAR RAMESHKUMAR MAFATLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 25.5.2001 passed by the learned Special Judge (ACB), Mehsana in Special (ACB) Case No.14 of 1993, whereby, the learned Judge has held guilty the appellant under Sections 7 and Section 13(2) of the Prevention of Corruption Act (for short ?Act?) and sentenced conjointly for both the offences to undergo R.I. for one year and to pay a fine of Rs.500/- i/d to further undergo S.I. for 15 days.

(2.) THE brief facts of the prosecution case is as under: It is the case of the prosecution that the appellant was serving as Unarmed Police Constable, having Buckle No.2065 at Mehsana Taluka Police Station. On 20.6.1993, P.I. Mr. Rana of the aforesaid Police Station took three persons namely Raghuji, brother of complainant Sardarji Bhemaji, Sartanji Prajapati and one lady Urmilaben Laljibhai Patel in custody as they were found on the highway in dark hours of night. THErefore, the complainant and one Rabari Kanjibhai Nathabhai came to Mehsana for necessary inquiry at Taluka Police Station, Mehsana and they saw Raghuji and Sartanji were in police lock up. THEreafter, they contacted appellant ? accused and at about 4 p.m., the complainant and said Kanjibhai went to the police station and again contacted the accused and said Kanjibhai told that they had come only for the release of Raghuji. THErefore, the accused told the complainant to give him Rs.500/- for release of Raghuji and it is also alleged that the appellant told the complainant that without accepting Rs.500/-, he would not release Raghuji and he told the complainant to come with the amount. As the complainant and said Kanjibhai were not willing to pay the amount of Rs.500/- to the accused and, therefore, they approached ACB Police Station and lodged complaint against the accused. After completing the formalities, preliminary part of panchnama was drawn. Two panchas were called and necessary instructions were given to the complainant by the ACB party. THE complainant along with panch and raiding party members proceeded to the Mehsana Taluka Police Station. On reaching there, the complainant, Kanjibhai and panch No.1 proceeded to Taluka Police Station situated on the 3rd Floor of the building and these three persons went inside the Taluka Police Station. THEy contacted the accused and at that time, the accused was doing some other work. After about 10 minutes, the accused went outside the chamber and he was being followed by the complainant, said Kanjibhai and panch No.1. It is alleged that the accused thereafter came with Raghuji and while standing in the corridor, the demand was made and the amount was passed on. Initially, the amount of Rs.400/- was offered, however, the accused insisted for Rs.500/- and, therefore, Rs.100/- was later on passed on and that is how the amount of Rs.500/- was given to the accused. According to the prosecution, the prearranged signal was given and immediatley the raiding party rushed upstairs and the accused threw those currency notes from the 3rd Floor balcony to the ground floor and the notes were found lying on the ground.

(3.) IN order to bring home the charge levelled against the appellant- accused, the prosecution has examined the witnesses Viz. P.W.1 Sardarji Bhemaji, complainant at Exhibit 15, P.W.2 Kanjibhai Nathabhai Rabari at Exhibit 17, P.W.3 Bharatkumar Jayantilal Trivedi at Exhibit 18 and P.W.4 Gajendrasinh Pratapsinh Puvar, P.I. ACB at Exhibit 24 and also relied upon the various documentary evidence.