SOMABHAI GOPALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant - original accused has preferred this appeal under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 21.03.1997 passed by the learned Special Judge, Banaskantha at Palanpur, in Special Case No. 215 of 1992, whereby, the learned Special Judge has convicted the Appellant - accused for the offence under Section 7 of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment of 1 (one) year and to pay a fine of Rs. 1,000/-, in default, to undergo further S.I. For (6) six month. The Appellant is also convicted for the offence under Section 13(2) r/w Section 13(1)(d) 1,2 & 3 of the P.C. Act and sentenced him to undergo R.I. for a period of two years and to pay a fine of Rs. 1,500/-, in default, to undergo further SI for 6 (six) month, which is impugned in this appeal. The learned Judge has ordered that substantive sentences are to run concurrently.

(2.) It is the case of the prosecution that when the Appellant (original accused) was serving as Talati - cum - Mantri, at Ratanpur village, he demanded bribe from one Ranchhodbhai Motibhai Patel, father of the complainant herein. It is the case of prosecution that father of the complainant wanted to install electric motor of 1.5 H.P. in the field of village Ratanpur, for which the father of the complainant has to submit an application to G.E.B. along with necessary documents, like village form No. 7, 12, 8A, certificate for insufficient water and the map from revenue record, etc. Therefore, the father of the complainant had approached the Appellant for providing the documents, referred herein above. It is alleged that at that time the Appellant asked him to pay the amount as per his desire and thereafter he will give necessary papers to him. It is alleged that as the complainant was not willing to pay the said amount to the Appellant - accused, he lodged complaint in the office of A.C.B. at Palanpur against the Appellant - accused. On receiving the complaint, the Investigating Officer called two Panchas, who were Government servants. The complainant produced currency notes of Rs. 300/-, i.e. two notes of Rs. 100/-and two notes of Rs. 50/-denomination and necessary experiments of anthracene powder and ultra-violet lamp were carried out in presence of panch witnesses. It is alleged that thereafter the complainant and P.W. No. 1 came to the office of Panchayat where the Appellant - accused was sitting on the chair. The complainant occupied the chair with the accused and then inquired from the accused that how much amount would be required to be paid and thereupon the accused informed the complainant that whatever he desires, should be paid. It is alleged that the complainant gave Rs. 250/-to the accused which was put by the accused on the left hand side pocket and on signal, raiding party reached the place. The panchnama was drawn. Thereafter, investigation was carried out and after completing the necessary procedure, and on receipt of sanction, the charge-sheet against the accused came to be submitted before the Court.

(3.) Thereafter, the charge was framed against the Appellant. The Appellant - accused has pleaded not guilty and claimed to be tried.