SURYAKANT JIVRAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals arise out of the judgment and order of conviction and sentence passed by learned Special Judge, City Civil Court, Ahmedabad on 18/7/1997 in Special case no. 17/93 convicting the accused for the offences under the various provisions of the Prevention of Corruption Act, 1988.

(2.) ACCORDING to the prosecution case, accused no. 1 Suryakantbhai Jivrambhai Patel was working as Shirastedar in the Office of Executive Magistrate, Metropolitan Court no. 2, Ahmedabad and thereby he was a Public servant. PW 1 Hasmukhbhai Jani went to the office of Executive Magistrate at the Collector's Office on 9/4/1992 in the morning at about 10.00 Clock to swear affidavit to obtain duplicate School Leaving Certificate. While he was standing in the queue at the office, P.I. Pathan came to him and said that he has received information that Rs. 5, Rs. 10 or Rs. 15 are being taken as bribe for affidavits and asked for his cooperation. PW 1 Hasmukhbhai agreed and hence they went to the office of Anti Corruption Bureau. Two Panchas were called at the Office and after drawing preliminary panchnama, trap was laid. PW 1 Hasmukhbhai and panch PW 2 Shirishkumar went to the office of Executive Magistrate at Collector's Office and stood in queue. Panch PW 2 Shirishkumar was behind PW 1 Hasmukhbhai. There were about four to five persons ahead of them in the queue. When his turn came, PW 1 Hasmukhbhai gave copy of the affidavit to accused Jayentibhai, who prepared and recorded the affidavit in the register and gave it to accused Suryakantbhai, who signed the affidavit and demanded Rs. 10/ from PW 1 Hasmukhbhai, who took out currency note of Rs. 10/ from left pocket of his shirt and accused Jayentibhai accepted the same. Hence, PW 1 Hasmukhbhai gave signal as agreed earlier and other members of raiding party reached at the place of incident. Currency note of Rs. 10/ and other documents were seized and remaining part of panchnama was drawn. The statement of the witnesses were recorded and offence was registered. After obtaining sanction to prosecute accused Suryakantbhai Charge sheet came to be filed in the Special Court at Ahmedabad. The accused were prosecuted, on the charge that accused no. 1 Suryakantbhai while discharging his duty as Shirestedar of Executive Magistrate, Metropolitan Court no. 2, Ahmedabad demanded amount of Rs. 10/ as bribe being the amount other then legal remuneration through Accused no. 2 Jayentibhai, and accepted the same from PW 1 Hasmukhbhai for rendering services of putting signature and seal on the affidavit for obtaining duplicate School Leaving Certificate. Accused no. 2 Jayantibhai abetted accused no. 1 Suryakantbhai in accepting the amount of Rs. 10/ from PW 1 Hasmukhbhai and accused Suryakantbhai committed offence of criminal misconduct and obtained pecuniary benefit by abusing his position as a Public Servant while holding office of a Public servant.

(3.) ACCUSED no. 2 Jayantibhai in his further statement explained that he is innocent and he is practicing law. He has not accepted any bribe but he has been falsely implicated. After hearing learned advocate for the parties, Trial Court by impugned judgment convicted accused Suryakantbhai for the offences punishable under section 7, 13(1)(1) (d) and 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to suffer six months RI and to pay fine of Rs. 300/ in default to undergo RI for 15 days for the offences punishable under section 7 of the Act and sentenced to undergo RI for one year and to pay fine of Rs. 300/ in default thereof to undergo RI for fifteen days for the offences under section 13(1)(b) and 13(2) of the Act. The Court also convicted accused Jayantibhai for the offence under section 7 & 12 of the Act and sentenced him to suffer RI for six months and to pay fine of Rs. 300/ in default to undergo RI for fifteen days. Being aggrieved by the said decision both the convicts have preferred these appeals.