FATESINH BHARMAL GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused, challenging the judgment and order of the learned Joint District and Addl. Sessions Judge and Special Judge, Fast Track Court No.3, Bharuch(for short, 'the trial Court'), Dated : 17.04.2003, rendered in Special ACB Case No. 4 of 2002, whereby, the trial Court convicted the accused -appellant for the offence punishable under Section 7 of the Prevention of Corruption Act ('the Act', for short) and sentenced him to undergo rigorous imprisonment for three years and to pay fine of Rs.500/ - and in default to undergo further rigorous imprisonment for six months.

(2.) FOR the sake of convenience, the parties shall be referred to as they stood before the trial Court, i.e. accused, the complainant etc.

(3.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant lodged a complaint before the ACB, Bharuch, wherein, he stated that the original accused -appellant, herein, who was discharging the duties as Head Constable at Dadhal Police Gate, at the relevant point of time, had come to his house and stated that I have come to know that you indulge in sell of liquor, and therefore, you have to pay something.