BALWANTSING DIPSINH VAGELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant original accused has preferred this appeal under section 374(2) of the Code of Criminal Procedure read with Section 27 of the Prevention of Corruption Act (for short "P.C. Act"), against the judgment and order of conviction and sentence dated 24.04.2001 passed by the learned Additional Sessions Judge & Special Judge (ACB Cases), Kheda at Nadiad, in A.C.B. Case No. 5 of 1997, whereby, the learned Judge has held the appellant (original accused) guilty for the offence under Section 7 of the P.C. Act and sentenced him to suffer RI for 1 (one year) and to pay a fine of Rs.1,000/- i/d to suffer SI for further 3 (three) months. The learned Judge has also held the appellant accused guilty for the offence under section 13(1)(d) and Section 13(2) of the P.C. Act and sentenced him to suffer for 1 (one) year, which is impugned in this appeal. The learned Judge has ordered that both the sentence, awarded to the accused, shall run concurrently.

(2.) The brief facts of the prosecution case is as under:

(3.) Thereafter, investigation was carried out by the Investigating Officer. The statement of complainant and other witnesses were recorded. Necessary sanction was obtained from the concerned Authority and after the investigation was over the charge-sheet was filed against the appellant under Section 7, 13(1(d) and 13(2) of P.C. Act.