NATVARLAL GANGARAM PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, original accused, has preferred this appeal and challenged the order of conviction and sentence passed by learned Additional City Sessions Judge, on 23.5.1997 in Special Case No. 10 of 1992 convicting him for the offence under Section 7 read with Section 13(1)(2) of the Prevention of Corruption Act, 1988 ('the Act' for short) and sentencing him to undergo various sentences.

(2.) ACCORDING to the prosecution case, the complainant Rajendrabhai Jivanbhai Soni lodged complaint before Anti Corruption Bureau ('ACB' for short), Ahmedabad City, on 21.3.1991; that he is running business of jewellery in the name of Mahalaxmi Jewellers; that the accused is discharging duty as Inspector in the Office of Weights and Measures at Ahmedabad and he is a public servant; that before about one month, he went to the office of weights and measures at Ahmedabad for certification of verification and standardization of his scale and measures; that the accused demanded Rs. 200/- for certification and issued certificate; that the accused gave receipt of Rs. 82.50 and did not return the remaining amount and thereby the accused retained the remaining amount as bribe; that on the previous day, he met the accused for verification and standardization of his scale and measures and hence the accused asked him to come the next day and on inquiry about fees for certification, the accused informed him that he would take reasonable amount; that the accused would take more amount than legal fees as bribe; that he will produce Rs. 400/- for legal fees and the amount of bribe and would produce the receipt of Rs. 82.50 given earlier.

(3.) I have heard learned advocate Mr. A.D. Shah for the appellant and learned A.P.P. Mr. Kodekar for the respondent at length and in great detail. I have also perused the impugned judgement and record and proceeding of the trial Court.