AJITKUMAR SOMNATH PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 29-8-1984, rendered in Special Case No. 5 of 1984, by the learned Special Judge, Ahmedabad, wherein the appellant Ajitkumar Somnath Pandya, who came to be tried for the alleged offences punishable under Secs. 5(l)(d), 5(2) of the Prevention of Corruption Act, 1947 (for short 'the Act') and Sec. 161 of the I.P.C., at the end of the trial, was ordered to be convicted for the same and sentenced to R.I. for one year and, to pay fine of Rs. 1,000.00 and in default, R.I. for one month.

(2.) The prosecution version as reflected in the evidence of the complainant Premjibhai Lakhabhai Vaghela (PW-1, Ex. 7) to be briefly stated, is to the effect that he was serving as a labourer in Ahmedabad Municipal Corporation, Road-II Engineering Division, under the supervision of the appellant. According to the complainant, on every month the appellant was demanding and accepting Rs. 10/- from each and every labourer as illegal gratification and was unduly harassing those who did not obey to the said demand. Further according to the complainant, since he also had committed defaults in paying the said instalment of the bribe amount for last four months, the appellant had reiterated his demand for the same on pay day that is on 28-10-1983 threatening him to pay in all Rs. 50.00, otherwise, he (complainant) would not be taken on work. To this, the complainant assured him that he will pay up the same next day on getting salary. On 29-10-1983, the complainant did not attend his work and following two days that is 30-10-1983 and 31-10-1983 being holidays, it was only on 1-11-1983 that he was to go on work and give the demanded amount to the appellant Now, as the complainant was not inclined to pay the said illegal gratification, on 31-10-1983 at about 5- 00 p m. he went to the office of the Anti-Corruption Bureau, situated at Shahibag, Ahmedabad, and gave complaint Ex. 8, which came to be recorded by P.I, A.C.B., Mr. Yadav (PW-3, Ex. 13). The complainant was asked by P.I. Mr. Yadav to come on the next day, i e., on 1-11-1983 at 5-00 a.m. with a currency note of Rs. 50.00. Accordingly, on 1-11-1983, on complainant reporting to the office of A.C.B. P.I , Mr. Yadav, called two Panchas and introduced them to him. After carrying out the first part of the usual procedure, viz., the complaint being read over to the Panchas, taking currency note of Rs. 50.00 from the complainant, applying anthracene powder to the same, carrying out experiment/demonstration under the ultra-violet lamp and passing necessary instructions, firstly to the complainant as to when he should give currency note of Rs. 50.00 to the appellant and secondly to Panch witness No. 1 that he has to accompany the complainant all throughout the trap and watch, hear and see what transpired between the complainant and the appellant, (he raiding party as headed by P.I. Mr. Yadav, proceeded to site near Bapunagar Water Tank where the appellant was to come. At about 8-00 a.m. on reaching the complainant and the Panch No. 1 went to the site where other workers were sitting. In the meantime, the appellant came on a bicycle, however, as no labourer stood up, he feeling insulted and annoyed went to the "Vikas Pan Centre," which was at a distance of about 250 steps away from the place where the labourers were sitting. Seeing this, the complainant and Panch No. 1 also followed the appellant. On approaching him, the complainant requested the appellant saying-"Sir, mark my presence", to which the appellant said-"Have you brought the money" ? to which the complainant said-"Yes". Thereupon the appellant said-"give me". As a result of this demand, the complainant took out the currency note of Rs. 50.00 from his right hand side pocket of his bush-shirt and gave it to the appellant, which was accepted by him by his right hand and placed the same in the left side pocket of his bush-shirt. Thereafter, as planned earlier, the complainant took out a ''bidi" from the pocket of his pant, placed it in his mouth, lighted the same and thereby signalled to the raiding party, whereupon P.I. Mr. Yadav and second Panch rushed to the place of the incident. Immediately P.I. Mr. Yadav introduced himself to the appellant and the police constable Virendrasingh examined his hand in the light of ultra violet lamp. According to the complainant, this was done near "Vikas Pan Centre." On examining the right hand of the appellant, the thumb and four fingers were found shining. Thereafter, P.I. Mr. Yadav took the members of the raiding party and the appellant in a jeep to Bapunagar Police Chowki, where on search being taken of the appellant, Panch No. 1 took out the currency note of Rs. 50.00 from the left side pocket of the bush-shirt put on by him. When this was examined in the light of the ultra-violet lamp, the same was found to be shining. Not only that but the thumb as well as four fingers also of the right hand of the appellant and the left hand side pocket of the bush-shirt when examined in the said light, they, were also found to be shining. The bush-shirt and the currency note of Rs. 50.00 were thereafter attached under the second part of panchnama Ex. 10. On the basis of these facts, after investigation was over and the necessary sanction under Sec. 6 (1)(c) of the Act was obtained from the Commissioner, Ahmedabad Municipal Corporation, the appellant came to be charge-sheeted to stand trial for the alleged offences under Sees. 5(l)(d), 5(2) of the Act and under Sec. 161 of I P.C. before the learned Special Judge, Ahmedabad.

(3.) At trial, the appellant denied having committed any offence and claimed to be tried. In his further statement under Sec. 313 of the Code, while explaining away the circumstances appearing against him, it was submitted by the appellant that on 1-11-1983 at 8-00 a. m. when he went to the site, since the labourers who were sitting there, did rot steed up for marking their presence, he went to the "Vikas Pan Centre" for taking 'Pan'. At that time, the complainant came from behind and attempted to thrust a currency note of Rs. 50.00 denomination in the left side pocket of his bushshirt, which he by holding the light hand of the complainant tried to push away, as a result of which, the same fell down on the ground from the hand of the complainant. In the meantime, raiding party appeared on scene, searched clothes put on by him, but did not find the muddamal currency note in question. The said currency note was ultimately collected from the ground and was seized by the police and thereafter the policeman catching hold his two hands took him to Bapunagar Police Chowky.