NARESHKUMAR DUDHABHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has filed this Appeal challenging the judgment and order of conviction and sentence passed by the learned Special Judge (ACB), Mehsana in Special (ACB) Case No.12 of 1995 dated 8.2.2002, by which the appellant accused is convicted and sentenced for the offences punishable under Sections 7,13(1)(d),1,2,3 and Section 13(2) of the Prevention of Corruption Act. The learned Sessions Judge has convicted the appellant - accused for the offence punishable under Section 7 of the Prevention of Corruption Act and awarded sentence to the appellant to suffer simple imprisonment for 2 years and to pay a fine of Rs.3,000/-, i/d, to further undergo simple imprisonment for two months, whereas the appellant was ordered to suffer two years simple imprisonment for the offence punishable under Sections 13(2) & 13(1)(d),1,2,3 of the Act and to pay a fine of Rs.3000/-, i/d. to suffer two months simple imprisonment. The learned Special Judge has ordered that all the sentences shall run concurrently.

(2.) Briefly stated, the prosecution case is that the complainant namely Prahladbhai Ambalal Prajapati, having his factory at Mehsana GIDC, is the manufacturer of agricultural instruments and some wooden articles. The complainant applied with requisite documents for issuance of sale tax number on 30.1.1994 before the Sales Tax Office, Mehsana, where the accused was working as Sales Tax Officer being public servant. On 23.1.1995, the complainant reached the office of the Sales Tax and met the accused. The showed the files of his factory to the accused and drew the attention to the application made on 30.12.1994. After verifying the file of the complainant, the accused for bribe of Rs.500/- to sign the papers. The complainant told that he is not having money, therefore, the accused asked him to bring money on 30.1.1995. The complainant did not want to give money towards illegal gratification to the accused and therefore, he approached the ACB office, Mehsana for lodging the complaint against the accused. After completing necessary formalities, one preliminary panchnama was prepared in the presence of panchas and trap was arranged. Thereafter, the ACB personnel and complainant went to the office of the accused and the complainant gave the amount of bribe to the accused. Thereafter, panchnama was prepared and sanction was obtained from the competent authority for proceeding ahead against the accused.

(3.) After usual investigation, the Investigating Agency submitted the charge-sheet. In order to bring home the charge, prosecution had examined the witnesses and got exhibited a large number of documents. The witnesses examined by the prosecution viz. PW-1, Prahladbhai Ambaram Prajapati, complainant at Exhibit 15, PW-2, Mahmudbhai Ahmadbhai Kureshi, Panch at Exhibit 22, PW-3, Devendrakumar Ishwarlal Chaudhari, Panch at Exhibit 24, P.W.4 Manuji Gulabji Chawda, witness at Exhibit 25, P.W.5 Punampuri Ganeshpuri, witness at Exhibit 26, P.W. 6 Tukaram Johru Thakore, I.O. at Exhibit 28, P.W. 7 Dahyalal Chelram Joshi, P.I. ACB, at Exhibit 37. Thereafter, documentary evidence viz. complaint at Exhibit 16, partnership deed at Exhibit 17, Power of Attorney deed at Exhibit 18, letter issued to the complainant asking to remain present before the office of Sales Tax Office at Exhibit 19, Application Form No.1 for Registration at Exhibit 20, xerox copy of form 15 as per Section 60 at Exhibit 21, Panchnama at Exhibit 23, Yadi for calling panch at Exhibit 29, seizure memo reflecting the recovery of articles from the table of the accused at Exhibit 30, seizure memo about recovery of trap amount at Exhibit 31, Form G at Exhibit 32, service book of the accused at Exhibit 33, transfer order of accused at Exhibit 34, Sanction order at Exhibit 38 has been produced.