KARSANBHAI MANCHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant who is convicted by the learned Special Judge, Surat in Special Case No. 3 of 1983 for the offences under S. 5(2) read with S.5(1)(d) of the Prevention of Corruption Act, 1947, as also for the offence under S. 161 of the Indian Penal Code and is sentenced to undergo R. I. for one year and fine of Rs. 200/- in default to undergo further R.I. for two months for the offence under S. 5(2) read with S. 5(1)(d) of the Prevention of Corruption Act, 1947. No Separate sentence is awarded for the offence under S. 161 of the Indian Penal Code. The aforesaid order was passed by the learned Special Judge on 28-2-1984.

(2.) The appellant-accused was charged for the offence under S. 161 of the Indian Penal Code as also for the offence under S. 5(2) read with S. 5(1)(d) of the Prevention of Corruption Act, 1947, on the a allegation of demanding and accepting gratification other than legal remuneration of the amount of Rs. 500/- from the complainant Naginbhai V. Lad on 25-3-1983 at the residence of the accused at B/16 Gita Nagar Society, Adajan, Surat, as a motive of reward for doing official act as Supervisor, City Primary Education Committee, Surat Municipal Corporation, for securing employment as primary school teacher for Urmilaben, wife of the complainant for showing favour to the complainant for the purpose of helping the complainant in securing the employment as primary school teacher for his wife Urmilaben, and for committing misconduct for obtaining for himself the amount of Rs. 500/- as gratification other than legal remuneration by corrupt or illegal means or by otherwise abusing his position as public servant.

(3.) The prosecution case in short can be stated as under : Urmilaben, wife of the complainant was holding qualification of teaching tailoring and she was qualified for the post of Primary School Teacher. The Surat Primary Education committee intended to recruit primary school teachers and some of the primary school teachers to teach tailoring to the students and therefore, public notice dated 28-1-1981 was issued in the "Gujarat Mitra" Daily, Surat. Urmilaban submitted her application on 10-8-1981 in the office of the Surat Primary Education committee. Two to three days after the submission of the application by Urmilaben, the complainant Naginbhai Lad, husband of Urmilaben went to the office of the said Committee to inquire about the application. The accused was serving as Education Inspector under the Surat Primary Education Committee and his office was also in the same building. When the complainant Naginbhai went to that office and when he inquired about the application submitted by Urmilaben from the accused, the accused had a talk with the complainant and he told the complainant that detailed talks about securing the service cannot be done in the office and that the complainant should see him at his (accused) residence at B/6 Gita Nagar Society, Adajan, Surat. As per the said talk the complainant went to the residence of the accused on the same day in the evening when accused told the complainant not to worry about securing the service and that Urmilaben would be taken up in service, but the complainant will have to do something for him i.e. the complainant will have to grease the palm of the accused and the complainant agreed to that.