VASTABHAI JOITARAM PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is filed by the appellant - original accused under Sec. 374 of the Code of Criminal Procedure, 1973, (for short "the Cr.P.C.") against the judgment and order of conviction and sentence dtd. 20/9/2006 passed by the learned Special Judge, Fast Track Court, Patan in Special A.C.B. Case No.20 of 2002, whereby, the learned Special Judge has convicted the appellant herein for the offence punishable under Sec. 7 of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for a period of 1 year and awarded fine of Rs.10,000.00 and in default of payment of fine, three months simple imprisonment and to undergo rigorous imprisonment for a period of 3 years for the offence punishable under Ss. 13(2) r/w Ss. 13(1)(d), 1, 2, 3 etc. of the Prevention of Corruption Act and awarded fine of Rs.10,000.00 and in default of payment of fine, three months simple imprisonment. Both the conviction and sentence run concurrently.

(2.) The brief facts giving rise to the Appeal are that, the accused was Talati-cum-Mantri at village Kanoda. The complainant Rameshkumar Mafatlal Patel lodged his complaint alleging that his uncle Amrutlal had expired and regarding his uncle's land Varsai Entry is to be made in favour of his son Chandubhai Amrutlal. Therefore, Chandubhai told the accused to make necessary Varsai Entry in his favour and for that work the accused has demanded Rs.200.00 as illegal gratification. On 15/11/2000 when the complainant went to Panchayat Office, the accused told him to give the amount of Rs.200.00 for the work of his uncle's son being done by him. Therefore, the complainant gave Rs.100.00 to the accused and further told him that he will pay the remaining amount of Rs.100.00 in a day or two. Thereafter, the complainant has given complaint being Exh.20 at A.C.B. Office, Mehsana on 16/11/2000 and a trap was arranged.

(3.) On completion of the investigation and after receiving the sanction to prosecute the present appellant, the Investigating Officer has filed chargesheet before the Special Court. As the case is triable by the Special Court i.e. Sessions Court, Patan, the Sessions Court, Patan (hereinafter referred to as "the Trial Court") has framed charges at Exh.8 against present appellant.