GIRISHBHAI VALLABHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(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 10.4.2000 passed by the learned Special Judge, Valsad camp in Criminal Case No. 8/1991, whereby, the learned Judge has convicted the appellant under sec. 13(1)(d) and 13(2) of Prevention of Corruption Act and sentenced to undergo imprisonment for a period of thirteen months and to pay a fine of Rs.1000/ -, in default, to undergo further imprisonment for thirty days, which is impugned in these appeal.

(2.) THE brief facts of the prosecution case is as under: 2.1 It is the case of the prosecution that the appellant was working as Medical Officer,Primary Health Centre at village Rumala, Tal. Chikhali. That on 6.6.1990, a trap was managed as the complainant got an information that the appellant was issuing a false certificate and upon that certificate the appellant used to take money. That on 6.6.1990 the prosecution witness Hasmukhbhai Maganbhai Lad was sent at the Health Centre and he had asked for the false certificate. That the appellant had prepared the certificate and it was handed over to Shri Hasmukhbhai. Thereafter, the appellant had told to Shri Hasmukhbhai that he has completed his work and if he wants to pay something he may pay to him. That Hasmukhbhai had given Rs. 20/ - to the appellant. That appellant had taken the note of Rs. 20/ - and he had put that note in the left hand side shirt pocket. Thereafter, the prosecution witness Khanjibhai had gone out from the Health Centre and gave signal to the complainant and other persons who were members of the trap. That the complainant and other persons came at the Health Centre and thereafter they had made necessary panchnama. They had also made the test of currency notes in the ultra violet lamp. The currency note of Rs. 20/ - was recovered from the pocket of the shirt of the appellant. The other notes, the certificate came to be seized and complainant Shri Yadav had lodged a complaint. It is further the case that thereafter the accused were caught red handed and after nabbing the accused, the muddamal notes were recovered. Necessary permission to prosecute the accused was obtained and on receiving the sanction and other materials on record, statements of witnesses were also recorded. 2.2 The accused came to be charge -sheeted, as stated above, for the alleged offence punishable under section 13(1)(d) and 13(2) of the Prevention of Corruption Act, which was numbered as Criminal Case No. 8/1991.

(3.) THE accused was charged vide at Ex. 8. The appellant accused pleaded not guilty and claimed to be tried.