SURENDRAKUMAR MANSINGH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the behest of a doctor, who was occupying a very sacred post. It is alleged that he was indulging in systematic corruption by demanding illegal gratification for giving certificates for obtaining permit for liquor. Genesis of entire gamut was to unearth the systematic corruption indulged by the appellant, who was Class -1, Medical Officer, in a government hospital. The appellant -doctor was also indulging in abuse of power. He has lost his public accountability and, therefore, a vigilant police officer trying to save the people conducted the raid.

(2.) THE learned trial Judge not only on the moralistic ground but on proof also found him guilty and convicted the appellant, though the witnesses were won over by the accused -appellant during trial. In this backdrop, the factual scenario will have to be seen. This is an appeal under Section 374 of the Criminal Procedure Code against the judgment and order dated 21.4.1998 passed by learned Additional Session Judge and Special Judge, Valsad at Navsari, in Special Case No.7 of 1990, whereby the appellant was convicted of the charge for offence punishable under Section 7 of the Prevention of Corruption Act (herein after referred to as "the Act" for short) and sentenced to undergo rigorous imprisonment for six months and a fine of Rs.5,000/ - was imposed and in default, to further undergo simple imprisonment of one month. The appellant was also convicted for offence under Section 13 (2) of the Act and sentenced to undergo rigorous imprisonment for two and a half years and a fine of Rs.10,000/ - was imposed and in default, to further undergo simple imprisonment for three months. The sentences were ordered to run concurrently.

(3.) SHORT facts of the prosecution case are as under: