MAHENDRA MAGANLAL VACHHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE both the Appeals arising out of common judgment, they are taken for hearing together with the consent of parties and are disposed of by this common judgment.

(2.) CHALLENGE in this appeal is to the judgment of learned Special Judge, Bhavnagar, passed in Special Case No.7 of 1993 (ACB) dated 19.2.1999, whereby the learned Special Sessions 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 6 months and to pay fine of Rs.2,000/-, i/d, to further undergo simple imprisonment for one month. The appellant was also ordered to suffer rigorous imprisonment for one year and to pay a fine of Rs.2000/-, i/d to suffer simple imprisonment for three months for the offence punishable under Sections 13(2) of the Prevention of Corruption Act. All the sentences shall run concurrently.

(3.) THE trial court on appreciation of the evidence came to the conclusion that the prosecution has been able to prove its case beyond all reasonable doubts. While doing so it considered the defence version and rejected the same. Accordingly the appellant was convicted and sentenced as above by the trial court