VINODCHANDRA AMBALAL BAROT 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 20th March, 1999 passed by the learned Special Judge and Additional Sessions Judge, Kheda at Nadiad, in Special Case (ACB) No.03 of 1995 whereby the learned trial 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 year, 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 six months. 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 one year, and fine of Rs.5,000/-, 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 complainant was resident of Maholel, residing with his family comprising of father, mother and three brothers. They were residing in a joint family and therefore, there was one ration card. The elder brother of the complainant thereafter started living separately and independently from other family members and therefore, he was required to have a separate ration card. Accordingly, on 10th August, 1994 the complainant approached the appellant, who was discharging his duty as Deputy Mamlatdar and Card Checking Inspector in Supply Department. It is the case of the prosecution that the appellant had demanded certain documents for the purpose of production along with application for separate ration card. Therefore, on 11th August, 1994 the complainant again met the appellant with documents and application, which as per the case of the prosecution, were checked and verified by the appellant and the appellant kept the said documents with him. It is further the case of the complainant that the appellant demanded Rs.150/- from the complainant as reward for issuing new ration card in the name of elder brother of the complainant. The appellant had also told that if the complainant fails to pay the amount , then separate ration card will not be issued. At that point of time the complainant was having only Rs.125/- and therefore, he paid the said amount to the appellant. The appellant told the complainant to pay the remaining amount of Rs.25/- to him on 16th August, 1994 between 12.00 noon and 13.00 hours.

(3.) THEREAFTER, the Investigating Officer lodged the FIR 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.