PRATABDAN RAVJIDAN GADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred this Appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 17th April, 1998 passed by the learned Special Judge, Ahmedabad , in Special Case No. 12 of 1996, whereby the learned Judge was pleased to convict the appellants-accused under Sections 13(1)(d) and 13(2) read with Section 7 of the Prevention of Corruption Act (for short the Act ) and awarded sentence to the appellant to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/- i/d to further undergo SI for three month for the offence under Sections 7 of the Prevention of Corruption Act (for short P.C.Act ) and the learned Judge also awarded sentence to the appellant to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/- i/d to undergo SI for three months for the offence under Sections 13(1)(d) read with Section 13(2) of the P.C. Act.

(2.) IT is the case of the prosecution that on 21.7.1995 one Shri Amrutbhai Naranbhai Solanki approached Shri A.A. Khan, Police Inspector, A.C.B., Ahmedabad, and informed him that in the city of Ahmedabad, at different places, the traffic Police as well a the people from the Toying Squad are stopping the rickshaw and demanding illegal gratification. IT is alleged that on 22.7.1995 said Amrutbhai Solanki went to the office of ACB and disclosed the said facts in presence of panchas and stated that he is ready and willing to remain present in the trap which is to be laid by the ACB. IT is alleged that on the same day, in the after-noon, when the appellant accused was on duty at Wadaj, the informant Amrutbhai Solanki was proceeding with his rickshaw, at that time, the accused stopped his rickshaw and asked the informant to show the licence. When the informant Amrutbhai Solanki stated that he was not having licence, the accused demanded Rs.10/-, or in the alternative threatened that he will issue Memo for driving the vehicle without licence. Then the trap was laid and the accused was arrested. Though, originally the complaint was given to the ACB by Amrutbhai, necessary complaint for prosecution against the present appellant came to be filed by one Police Inspector Mr. Khan, who was the person instrumental in laying the trap.

(3.) AFTER hearing both the sides at length, the learned Special Sessions Judge, by Judgment and order dated 17.4.1998, passed in Special Case No. 12 of 1996, has held the appellant accused guilty of the charges levelled against him and awarded the sentence, as narrated herein above.