BHARATBHAI CHILABHAI LIMBACHIYA 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 22nd April, 1998 passed by the learned Additional Sessions Judge, Palanpur, in Special Case No.229 of 1993, whereby the learned Additional Sessions 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 one-and-half-years, and also imposed fine of Rs.1,600/-, and in default of payment of fine; sentenced him to undergo simple imprisonment for a further period of four months. THE appellant was also convicted for the offence punishable under Section 13(1)(d)(i), (ii), (iii) read with Section 13(2) of the Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for a period of two years, and also imposed fine of Rs.2,000/-, and in default of payment of fine; sentenced 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 a P.T. Teacher at Primary School at Chhapi and Unit Inspector in home guard at Chhapi. One Shri Rathod and Shri Vyas were the Officers and have authorities to select persons in home guard. AS per the case of the prosecution, on 31st August, 1992 the complainant was allegedly not selected at selection parade held on that day as he could not run. It is further the case of the prosecution that subsequently, on 01st September, 1992 at about 17.00 hours, the complainant met the present appellant near the bus-stand, who allegedly told the complainant that the complainant could be selected in home guard if he gives Rs.300/- to Shri Vyas. Thereafter, after negotiations, the complainant was ready to give Rs.100/-. AS per the case of the prosecution, the appellant told the complainant to give him Rs.100/- on 03rd September, 1992 at any time for the said work.

(3.) THE Investigating Officer thereafter went to Palanpur A.C.B. Office and registered the offence. THEreafter, the Investigating Officer carried out investigation and recorded statements of various persons including the complainant and the panchas. THEreafter, after obtaining sanction, charge-sheet came to be filed against the appellant-accused on 09th November, 1993.