CHUNILAL CHHIMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 19th February, 2001 passed by the learned Special Judge Valsad District at Navsari, in Special Case No.08 of 1992 whereby the learned Special Judge was pleased to convict the appellant for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced him to undergo rigorous imprisonment for a period of six months, and also imposed fine of Rs.5,000/-, and in default of payment of fine; sentenced him to undergo simple imprisonment for a further period of one month. THE appellant was also convicted for the offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for a period of three years, and also imposed fine of Rs.10,000/-, and in default of payment of fine; sentenced him to undergo simple imprisonment for a further period of six months. However, both the sentences were ordered to run concurrently.

(2.) AS per the case of the prosecution, the appellant was serving as Talati-cum-Secretary in-charge of village Jamanpada, Taluka Chikhli, District Valsad. The complainant was cultivating land of his father-in-law, which falls under Survey No.491. The complainant had constructed a pakka well in the year 1992 with 100% monetary assistance of the Government under a scheme. It is the case of the prosecution that in the year 1991, the complainant wanted to install an electric engine on his pakka well with full monetary assistance of the Government under the scheme. For being granted full monetary assistance for electric engine, it is required to be proved that the complainant had a pakka well in his land and the same can be ascertained by Entry in 7/12 extract to that effect. Therefore, the complainant wanted Entry in the 7/12 extract relating to the land in question of pakka well. He, therefore, approached the appellant herein but the appellant was not giving satisfactory answer. In the last week of November, 1991 the complainant approached the appellant for the Entry of pakka well in 7/12 extract. The appellant demanded Rs.500/- from the complainant for the said Entry.

(3.) THEREAFTER, panchnama at Exhibit 17 of above-stated facts came to be prepared. THEREAFTER, the Investigating Officer carried out investigation and recorded statements of various persons including the complainant and the panchas. THEREAFTER, after obtaining sanction, on 23rd April, 1992 charge-sheet came to be filed against the appellant-accused.