(1.) THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 31.1.2004 passed by the learned Special Judge, Banaskantha at Palanpur in Special Case No. 41/1998, whereby, the learned Judge has convicted the appellant under sec. 7 of the Prevention of Corruption Act and sentenced to undergo one year R/I and to pay a fine of Rs. 500/ -, in default, to undergo further S/I for fifteen days. The appellant is also convicted under sec. 13(1)(d) of Prevention of Corruption Act and sentenced to undergo R/I for a period of one year and to pay a fine of Rs.500/ -, in default, to undergo further S/I for fifteen days, which is impugned in these appeal.
(2.) THE brief facts of the prosecution case is as under:
(3.) THE accused was charged vide at Ex. 13. The appellant accused pleaded not guilty and claimed to be tried. In order to bring home the charge levelled against the appellant - accused, the prosecution has examined the following witnesses: