DILIPSINH MAHOBATSING ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present conviction Appeal has been filed by the appellant original accused under Section 374 of the Cr. P.C., against the Judgment and order dated 24.03.2005 passed by the learned Sessions Judge, Mehsana, in Special Case (A.C.B.) No.01 of 2004, whereby the appellantaccused was convicted for the offences punishable under Section 7, the Prevention of Corruption Act, 1988 and sentenced to undergo 1 year rigorous imprisonment with fine of Rs.10,000/, in default of payment of fine, further simple imprisonment of 2 months and for the offence punishable under Sections13(2) read with Section13(1)(d) of the Prevention of Corruption Act, 1988 and sentence to undergo 3 years rigorous imprisonment with fine of Rs.10,000/, in default of payment of fine, further simple imprisonment of 3 months

(2.) ACCORDING to the prosecution case, the appellantaccused Dilipsinh Mahobatsinh Zala was discharging his duties at TalaticumMantri at Agol, Taluka, Kadi, District: Mehsana. On 16.07.2003 while functioning as such, appellantaccusedDilipsinh Mahobatsinh Zala was supposed to maintain an absolute integrity and devotion to the duties, he has been charged to have been demanded and accepted an illegal gratification of Rs.1,500/from the complainantIdabhai Perabhai as the motive or reward to change the entries in the revenue records in favour of the complainant. It is also alleged that accused has been caught raid handed while demanding and accepting an illegal gratification of Rs.1,500/from the complainant.

(3.) ON the basis of above allegations, charge was framed against the appellantaccused vide Exh.5 and readover and explained to the appellantaccused for the offences punishable under Sections 7, 13(1) (d) and 13(2) of the Prevention of Corruption Act, 1988. Then plea was recorded vide Exh.16 and 17, wherein, appellantaccused pleaded not guilty to the charge and claimed to be tried.