DILUBHAI MANSINH JETHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 3.3.1998 passed by the learned Special Judge, Jamnagar in Special Case No.4 of 1996, whereby the learned Judge has convicted the present appellant-original accused no.1 under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and ordered him to undergo sentence of simple imprisonment of six months and pay fine of Rs.500/-, in default to undergo simple imprisonment for further fifteen days for the offence punishable under Section 7 of the Prevention of Corruption Act and ordered him to undergo sentence of simple imprisonment of one year and pay fine of Rs.500/-, in default to undergo simple imprisonment for further fifteen days for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. The accused nos.2 and 3 were acquitted of the charges levelled against them.

(2.) The brief facts leading to filing of this appeal are such that a complaint came to be filed by Shri G.N.Sarvaiya, Police Inspector, Anti Corruption Bureau, Rajkot (Field), Rajkot on 10.5.1996 to the effect that as per the information received by him, lot of illegal gratification under the guise of entry fees was demanded by the police and officers of R.T.O. near Jamnagar bi-pass and Khambaliya, Dwarka from the truck drivers bringing lignite coal and, therefore, he decided to lay trap and he went with his staff members and took Rajendrasinh Khodubha Vaghela and Kishorsingh Hakubha Zhala as panchas from the office of Executive Engineer, Panchayat Sub-Division, Dhrol. Thereafter, all of them went near patiya of Sarmat village via Jamnagar bi-pass road and stopped the truck no.GJ-12T-8575 and took the consent of its driver Mubarak Mamadbhai to remain as punter. Thereafter, the said punter, complainant, both the panchas and members of the A.C.B.party went in the truck towards Dwarka and on the main road towards Okha, three police personnel in civil dress were standing near motor cycle and one person out of them stopped the truck and demanded Rs.10/- as entry fees. The truck driver gave ten rupee note from the notes tainted with anthracene powder which was accepted by the said person whose name was Dilubha Mansinh Jethwa and on signal being received, the complainant and members of A.C.B.party got down from the truck and caught hold of Dilubha and on seeing this, the other two police personnel who were standing near Motor cycle fled away on the said motor cycle and their names were told by Dilubha as Kasam Ismail and Harun Musabhai, Police Constables, Dwarka Police Station. The said incident took place on 9.5.1996 at 18.05 hours. Thereafter, the complaint came to be filed against all the three accused under Sections 7,12,13(1)(d) and 13(2) of the Prevention of Corruption Act.

(3.) After registering the complaint, the investigation was handed over to P.I.Shri B.B.Jadeja and he recorded the statements of witnesses, the Dy.Director, A.C.B., Ahmedabad obtained the sanction through D.S.P. Jamnagar and after completing the investigation, P.I.Shri Jadeja filed chargesheet in the Sessions Court, Jamnagar.