ABHESINH CHANDRASINH MATROJA 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 3rd June, 2000 passed by the learned Special Judge, Vadodara, in Special Corruption Case No. 08 of 1994, whereby the learned Judge was pleased to convict the appellant-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 (i) to suffer RI for one year and to pay a fine of Rs.500/- i/d to further undergo SI for 2 (two) months for the offence under Section 7 of P.C. Act, and (ii) to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Rs.700/- i/d to further undergo SI for 4 (four) months for the offence under Sections 13(1)(5) and 13(2) of the Act. THE learned Judge has ordered that both the sentences shall run concurrently..

(2.) IT is the case of the prosecution that the complainant ? Police Inspector Mr. L.M. Vaghela of A.C.B. has received the secret information, before about 4 to 5 days that in the Vadodara District, on Vadodara to Chhota Udepur Road Truck and Tempowala are carrying the passengers illegally by giving illegal gratification to the Traffic Police, R.T.O. and local Police. To verify the said information he decided to arrange a trap in the evening on 27.9.1993. He, therefore, called two panchas and also called a decoy witness Bhupendrasinh Jaypalsinh Jadeja. They all were directed to report at ACB Office at 8.30 a.m., on 28.9.1993. Thereupon, the Panchas were reported in the Police Station on 28.9.1993. Thereafter, preliminary panchnama was prepared, in absence of decoy witness. Certain instructions were given to the panchas as well as to the decoy witness. IT is also mentioned in the preliminary panchnama that after smearing the currency notes of Rs.1,000/-, in the denomination of Rs.100/- each, the same were put in the pocket of decoy witness and certain instructions were given to him as well as to the Panch No.1. The Panch No.1 was instructed to remain with the decoy witness and to hear the talk which takes place between the decoy witness and the policeman or any other officer and to see the passing of currency notes. The Panch No.2 was instructed to remain with the raiding party. Thereafter, they proceeded for going to Dabhoi and at Dabhoi Police Station the decoy witness went to the policeman and he acted as per the instructions given to him. The policeman at Dabhoi Police Station told the witness that the officer was not present and, therefore, he would not be in a position to help him. The raid could not be successful at Dabhoi. Thereafter, they went to Bodeli Police Station and there also the raid could not be successful and thereafter they went to Kalanpur out-post on the way to their return journey to Vadodara. IT is alleged that at Kalanpur out-post, for the purpose of attempting to trap some officer, the decoy witness was sent along with panch No.1, where one Abhesinh was present, sitting on a table in the osari. There, decoy witness told him that he wanted to start his vehicle on road. IT is alleged that, initially, Abhesinh did not respond him and went to the northern side in the osari. IT is alleged that decoy witness and Panch No.1 followed him and decoy witness again talked to Abhesinh that he wanted to start his vehicle on road and if there was any instalment to be paid, to which Abhesinh replied in the negative. He also told him that no officer was present in the police Station. The decoy witness insisted the accused Abhesinh thrice to which Abhesinh replied in the negative. Surprisingly, according to the evidence of decoy witness, after refusing 2 to 4 times and telling consistently to come in presence of officer, the accused told the decoy witness to give the amount on the spot and he would give it to the officer. Thereupon, the decoy witness gave the amount of Rs.300/- i.e. 3 notes of Rs.100/- each. IT is alleged that before giving the amount, decoy witness told the accused that he had a talk with the officer and the said amount is to be kept. Thereafter, he went out and gave a signal and raid was carried out. The currency notes were taken out from below the cupboard by the constable. Necessary panchnama was drawn and the raid was completed. Thereafter, the statement of the accused was recorded. The offence was registered against the accused.

(3.) AFTER hearing both the sides at length, the learned Special Judge, Vadodara, by Judgment and order dated 3rd June, 2000, passed in Special Case No. 8 of 1994, has held the appellant ? accused guilty of the charges levelled against him and convicted the accused and sentenced him, as narrated herein above.