VITHALBHAI DEVJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant - accused has challenged the impugned judgment and order of conviction by the Special Judge, Panchmahals @ Godhra in Special (Corruption) Case No.1 of 1994 dated 15.1.1998 convicting him for the offences punishable under Section 7 of Prevention and Corruption Act, 1988 and thereby, sentencing him rigorous imprisonment for one year and six months and fine of Rs. 2,000/- with sentence of rigorous imprisonment of six months in default of payment of fine alongwith conviction under Section 13(1)(d) read with Section 13(2) of the same Act awarding sentence of one year and six months and fine of Rs. 2,000/- with sentence of rigorous imprisonment of six months in default of payment of fine. The appellant was on bail pending trial and again he is on bail pending this appeal, which was filed in the year 1998.

(2.) I have heard learned advocate Mr. Mehul Sharad Shah for the appellant and Ms. J.D. Jhaveri, learned APP for the respondent State and perused the record.

(3.) I have considered their rival submissions and scrutinized the Records and Proceeding in the form of paper-book which includes all documentary evidence proved by the prosecution before the Sessions Court as well as deposition of all the witnesses and statement of the accused under Section 313 of Code of Criminal Procedure. Since the history of complaint, investigation and prosecution is very well described on record in form of Records and Proceeding as well as in the form of pleading, I do not want to reproduce the history while deciding such appeal.