RAJENDRASINH BAHADURSINH SARVAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellant­original accused No. 1 under Section 374 of the Cr. P.C., against the Judgment and order dated 13.07.2005 rendered by the learned Presiding Officer, Fast Track Court No.2, Bhavnagar, in Special (A.C.B.) Case No.07 of 1999, whereby the appellant -accused No.1 was convicted for the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and sentenced to undergo 3 year simple imprisonment with fine of Rs.15,000/ -, in default of payment of fine, further simple imprisonment of 12 months. Original accused No.2 - Rakeshbhai Bachubhai Gohel was acquitted by the learned trial Judge from the charges levelled against him.

(2.) According to the prosecution case, on 13.04.1999, the complainant -Tulsibhai Vaja was arrested by PSI Mr.Jaiswal, Bhavnagar 'C' Division Police Station in connection with the prohibition offence of three foreign liquor bottles from his possession in the market area and he was sent to lock -up. Appellants -accused demanded an bribe amount of Rs.25,000/ -for not demanding to take in on remand by the Court. After some negotiation, the complainant agreed to make the payment of Rs.8,000/ -, out of Rs.8,000/ -, Rs.5,000/ - was for Mr.Jaiswal, PSI and remaining amount of Rs.3,000/ -for both the appellants - accused. It is further the case of the prosecution that when the complainant was produced before the Magistrate, a remand application was given. However, learned Magistrate rejected the said application. After the complainant released from the jail, appellants -accused went to Bajrang Akhada and demanded bribe amount of Rs.8,000/ -and told the complainant that if he did not pay the said amount, they would file another proceeding against him. The complainant told that he could not make an arrangement of the said amount of Rs.8,000/ -and therefore, he requested his relatives to lend Rs.5,000/ -and as soon as he received the same, he would pay to appellants -accused. Therefore, the appellants -accused replied that PSI, Jayswal was insisting for the amount. Thus, the complainant was told to make arrangement immediately and to give the said amount on 204.04.1999 in the afternoon, at 'C' Division Police Station. The complainant got loan of Rs.5,000/ -from his friend Arvind Chudasma. As the complainant did not want to pay the amount of bribe, on 19.04.1999, the complainant and his friend approached the ACB Office and met Mr.Belim, Police Inspector, ACB, Rajkot field and disclosed the fact. Then, Mr. Belim, called two panchas from the Government office and members of raiding party were also called by him. Accordingly, on 20.04.1999, a trap was arranged and preliminary panchnama was drawn and trap amount was produced by the complainant. Under the instructions of Mr.Belim, experiment of ultra violate lamp and anthrecene powder demonstrated by the leader of the raiding party to the panchas and the complainant. Then, anthrecene powder applied on the trap amount and the same was put in the pocket of the complainant. The complainant was instructed not to touch the said amount until the demand is made. He was further instructed that when demand made by the appellants -accused, the trap amount should be handed over to them and signal should be given to the members of raiding party and panch No.2. Panch No.1 was instructed to go with the complainant and panch No.2 was instructed to stay with the members of raiding party. Thereafter, they went to the place of trap. Later on, the complainant and panch No.1 met with the appellants - accused and trap amount was given and as decided earlier, signal was given. So, members of raiding party rushed to the place of trap muddamal was recovered and the appellants -accused were arrested. Second part of the panchnama was drawn. Statements of the witnesses were recorded. Regarding the recovery of the muddamal, a receipt was issued to appellants -accused and both were sent to judicial custody. To prosecute against the appellants -accused, sanction was obtained from the competent authority. Thereafter, charge -sheet was filed against the appellants -accused before the Bhavnagar, ACB Police Station bearing registration No.C.R.No.I -02 of 1999 for the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. Thereafter, the case was transferred to Court of Presiding Officer, Fast Track Court No.2, Bhavnagar, which was registered as Special (A.C.B.) Case No.07 of 1999.

(3.) On the basis of above allegations, charge was framed against the appellants -accused vide Exh.15 and read -over and explained to the appellants -accused for the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. Then plea was recorded vide Exh.16 and 17, wherein, appellants -accused pleaded not guilty to the charge and claimed to be tried.