VINUBHAI SHANABHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was serving as Talati-Cum-Mantri with Bhundasan Gram Panchayat in the year 1993. The learned Special Judge, Sabarkantha at Himmatnagar convicted and sentenced the appellant accused for the offences punishable under Sections 7 and 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act by passing judgment and order in Special Case No.1 of 1994 dated 30.7.1998. The learned Special Judge was pleased to convict the appellant - accused under Section 7 of the Prevention of Corruption Act and awarded sentence to the appellant to suffer rigorous imprisonment for 1 year and to pay a fine of Rs.300/-, i/d, to further undergo rigorous imprisonment for 1 month. The appellant was also ordered to suffer rigorous imprisonment for two years and to pay a fine of Rs.500/-, i/d, to suffer rigorous imprisonment for two months for the offence punishable under Section 13 of the Prevention of Corruption Act. The learned Special Judge has ordered that all the sentences shall run concurrently.

(2.) Briefly stated, the prosecution case is that in the year 1993, the appellant accused was Talati-Cum-Mantri at Bhundasan Gram Panchayat. The complainant Talsibhai Ishwarbhai had to obtain financial assistance by way of loan for thrasher and bullock-cart for the agriculture purposes, from Land Development Bank. Some documents were required to be submitted to the bank along with application form for obtaining loan and, therefore, the complainant requested the accused for Form No.7/12. The accused demanded Rs.500/- (bribe amount) for doing such work. But the complainant did not want to pay the said amount, however, he paid Rs.100/- at that time to the accused and promised to pay Rs.400/- after 10 days. It is the case of the complainant that on payment of Rs.100/-, the accused had signed and sealed the loan form and had supplied the necessary documents for land, which were to be submitted to the bank. Thereafter, after the complainant obtained signatures on loan form and necessary 7/12 forms, he presented the same to the Land Development Bank at Bayad Branch. On 14.6.1993, the accused called complainant through peon of Panchayat and hence, the complainant had gone to the accused. The accused made demand of Rs.400/- and he promised to pay the same on Tuesday. It is also case of the complainant that thereafter, again the peon of Panchayat had come and informed the complainant regarding the payment of Rs.400/- to be made to the accused, and the complainant requested the accused to give him time till 16.6.1993. As the complainant did not want to give or pay any amount towards illegal gratification to the accused, the complainant approached on 16.6.1993, the ACB office Himmatnagar. After completing necessary formalities, the complainant, panchas and the members of the ACB office proceeded to the office of Bhundasan Gram Panchayat. The complainant and panch No.1 went to Bhundasan Gram Panchayat office, where the accused was sitting on his chair. Thereafter, the accused inquired about panch No.1 and, therefore, the complainant told the accused that the panch No.1 is son of his maternal uncle. The accused inquired from the complainant by saying Have you brought . The complainant told the accused in presence of panch No.1 that he had brought. Therefore, the accused told complainant to come out and the complainant and panch No.1 went outside, where the accused again inquired from the complainant about the amount and the complainant took out currency notes of Rs.400/- and presented the same to the accused, which the accused accepted with right hand and kept the same in left side pocket of his shirt. Thereafter, prearranged signal was given and immediately, the members of raiding party rushed to that place. The ACB members recovered the currency notes from the pocket of the shirt of the accused and panchnama was completed. The Police Inspector, ACB registered the offence and on completion of investigation forwarded all the papers to the District Panchayat, Sabarkantha for necessary sanction. The Deputy District Development Officer granted sanction on 14.12.1993.

(3.) After usual investigation, the Investigating Agency submitted the charge-sheet. In order to bring home the charge, prosecution had examined the witnesses and got exhibited a large number of documents. The witnesses examined by the prosecution viz. PW-1, Bhaktibhai Keshabhai Vankar, panch at Exhibit 16, whereas PW-2, Talsibhai Ishwarbhai Patel, complainant at Exhibit 28, PW-3, Abdul Ajij Mohmmadbhai Jamsa, P.I, ACB at Exhibit 31, P.W.4 Chimanbhai Bhikhabhai Parmar, Deputy District Development Officer, Exhibit 36. Thereafter, the documentary evidence viz. letter written by Inspector, ACB to Dy. Forest Conservator at Exhibit 17, list of the recovered articles like currency notes, shirt, mini purse at Exhibit 18, recovery of paper at Exhibit 19, Panchnama at Exhibit 20, complaint at Exhibit 29, certificate issued by the Talati regarding selling of buffalo at Exhibit 32, list prepared by the bank at Exhibit 33, appointment order of accused at Exhibit 34, Sanction letter at Exhibit 35 were produced. The defence witness i.e. D.W.1 Ashwinkumar Mansukhbhai Patel at Exhibit 40 and P.W.2 Ishwarbhai Bababhai Patel at Exhibit 46 were examined. On closure of prosecution evidence, the accused was questioned under Section- 313 of the Code of Criminal Procedure and he denied the charges levelled against him. The accused pleaded that the Panchayat had resolved to collect the amount for the purpose of making payment to GEB as the outstanding amount was not paid by Gram Panchayat.