GAMANBHAI BHAGUBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under Sec. 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dtd. 17/12/2006 rendered by learned Special Judge, Surat in Special ACB Case No.2 of 2001 whereby the learned trial Court sentenced the appellant accused to undergo imprisonment for two years and to pay fine of Rs.5000.00, in default, to undergo further imprisonment for two months for the offence under Sec. 7 of the Prevention of Corruption Act and also convicted and sentenced the appellant accused to undergo imprisonment for two years and to pay fine of Rs.5000.00, in default, to undergo further imprisonment for two months for the offence under Sec. 13(1)(b) read with Sec. 13(2) of the Prevention of Corruption Act

(2.) The short facts giving rise to the present appeal are that the appellant accused was serving as Junior Telecom Officer in the Telecom Department at Piplod Telephone Exchange. It is alleged that the appellant accused demanded Rs.300.00 from the complainant as illegal gratification for connecting the telephone line as the telephone connection order was passed in favour of the complainant on 2/12/1998. It is alleged that the complainant told the appellant accused that he will pay Rs.300.00 on 6/3/1999 and as the complainant did not want to pay the amount of illegal gratification, a complaint was filed in the ACB Police Station, Surat and registered as CR No.3 of 1999. It is the case of the prosecution that thereafter on 6/3/1999, the trap was arranged in the office of Telephone Department, Piplod and that the appellant accused had accepted the amount of Rs.300.00 as bribe and put the same in his pocket and was caught red-handed by the members of the raiding party and thereby the appellant committed the offence.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the appellant accused. The charge was framed against the accused at Exh.6. The accused pleaded not guilty to the charge and claimed to be tried.