MUKESHKUMAR VINODCHANDRA SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal has been filed by the appellant under Section 374 of the Criminal Procedure Code, 1973 against the Judgment and Order of conviction dated 22.7.2010 passed by learned Special Judge (A.C.B.), City Sessions Court, Ahmedabad in Special (A.C.B.) Case No. 48 of 2001, whereby the appellant-accused was convicted of the charge for offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act" for short) and sentenced to undergo simple imprisonment for two years with fine of Rs. 1,000/- and in default, to further undergo simple imprisonment of two months and also the appellant-accused was also convicted for offence under Section 13(2) read with Section 13(1)(D)(i)(ii)(iii) of the Act and sentenced to undergo simple imprisonment for two years with fine of Rs. 1,000/-and in default, to further undergo simple imprisonment for two months. The sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that the complainant was serving as Armed Police Constable in 'C' Company, Ahmedabad, Police Head Quarter, at the time of the incident. He had applied for loan of Rs. 10,000/- to police welfare through Company Commander to purchase "Mangal Sutra" for the marriage ceremony of her daughter. It is further case of the prosecution that as he has not obtained cheque of loan, he met senior clerk Mr. Soni (accused) in 'J' Branch, who was dealing with the application of loan for "Mangal Sutra" and requested him to send cheque of loan amount to the company of the complainant. It is further case of the prosecution that the accused told him that his loan would not to be sanctioned unless he would give Rs. 500/- to the accused. Then, on request of the complainant, accused agreed to accept Rs. 400/-. Then, the complainant immediately gave him Rs. 150/- and promised the accused to give the remaining amount of Rs. 250/- at 4.00 P.M. on the same day. The complainant was not willing to give bribe, so he approached the A.C.B. Office, Ahmedabad and lodged the complaint against the accused on 24.4.2001. Thereafter, P.I. Mr. M.D. Dave of A.C.B. arranged for two panchas. The complainant and members of raiding parties were introduced to the panch witnesses. After the following necessary procedure, the aforesaid aspect was verified and a trap was arranged, wherein the accused-appellant herein, was caught.

(3.) After completion of the investigation, the charge-sheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Special Judge (A.C.B.), City Sessions Court, Ahmedabad, which was, thereafter, numbered as Special (A.C.B.) Case No. 48 of 2001.