AJAYKUMAR CHANDRASINH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal is preferred by the appellant accused against the judgment and order of conviction dated 3.3.1988 recorded by Special Judge, Ahmedabad in Special Case No.30/1986, on a prosecution instituted by Central Bureau of Investigation ( CBI for short) on behalf of the State of Gujarat.

(2.) The appellant is the original accused who has been held guilty of the offence punishable under Sec.5(2) R/w Sec.5(1)(D) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the "Old Act") and under Sec.161 of Indian Penal Code ( IPC for short) and came to be convicted to undergo R/I for 1 Year and to pay a fine of Rs.500/ (Rs.Five hundred only), I/d to undergo R/I for 3 Months for the offence punishable under Sec. 5(2) R/w Sec. 5(1)(D) of the Old Act and to undergo R/I for 1 Year and to pay a fine of Rs.500/ (Rs. Five hundred only), I/d to undergo R/I for 3 Months for the offence punishable under Sec.161 of IPC.

(3.) (i) The case of the prosecution in brief is that the accused Ajaykumar Solanki was serving with Bank of Baroda and during the discharge of his official duties of sanctioning and giving loan amount, demanded illegal gratification of sum of Rs.1200/ in two parts i.e. Rs.700/ in the form of commission + Rs.500/ for disbursing the loan amount and accepted the said sum in two parts i.e. Rs.600/ from the complainant Roopchandbhai Bhemabhai Baraiya and remaining amount of Rs.600/ when he was trapped on the strength of the complaint on the fateful day i.e. on 26.02.1985.