STATE OF GUJARAT Vs. MANSUKHBHAI HARBHAMBHAI PARMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 28th July, 2004 passed by the learned Additional Sessions Judge, Fast Track Court, Surendranagar, in Special Case No.1/2000. The charge against the respondent accused is that on 8th June, 1999, he was discharging duties as a Talati- cum-Mantri of the Ninama Gram Panchayat situated in Sayla taluka of Surendranagar district and was a public servant. On that day at 21.15 hours, the complainant Ghelabhai Ramabhai Bharwad upon going to take possession of the residential plots allotted in favour of his relatives for the purpose of constructing houses under a Government scheme, the accused had told him that the allotment of the plots had been cancelled and that fresh proceedings would be required to be initiated for the purpose of obtaining allotment of plots and that in respect of each plot, each of the persons concerned would have to pay Rs.2,000/-. Thus in all, in respect of four plots, Rs.8,000/- would have to be paid. Thus, the accused had for his own personal benefit demanded illegal gratification other than his legal remuneration and in this manner, committed the offence punishable under section 7 of the Prevention of Corruption Act, 1988.

(2.) IN connection with the aforesaid illegal demand, the accused had demanded that the first instalment of Rs.4,000/- be paid on 8th June, 1999 and the remaining Rs.4,000/- be paid when the plots are handed over to the four persons. Such arrangement was arrived at with the complainant and accordingly in respect of the first instalment of Rs.4,000/-, the complainant had registered a complaint with the Anti- Corruption Bureau pursuant to which a trap had been arranged and on 8th June, 1999 at 21.15 hours, the accused had accepted Rs.4,000/- as Talati-cum-Mantri of Ninama at his residence from the complainant by way of illegal gratification and thereby misused his position as a public servant and committed the offence punishable under section 13(1)(d) and 13(2) of the Prevention of Corruption Act.

(3.) PURSUANT to the above referred complaint, the Anti- Corruption Bureau arranged a trap. After the trap proceedings were over, a first information report came to be registered being Surendranagar ACB C.R. No.3/99. Upon culmination of the investigation, charge-sheet came to be submitted before the learned Special Judge, Surendranagar and came to be registered as (ACB) Special Case No.1/2000.