CHIMANBHAI RUGNATHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 28.10.2005 passed by the learned Special Judge, (ACB), Fast Track Court No.4, Ahmedabad (Rural), Navrangpura, in Special ACB Case No.2 of 2001, whereby, the learned Judge has convicted the appellant under Sections 7, 13(1)(d) 1-2-3 r/w 13(2) of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.2000/-, in default, to suffer two months rigorous imprisonment for the offence punishable under Section 7 of the Act and also sentenced the appellant to undergo rigorous imprisonment for three years and to pay fine of Rs.3000/-, in default, to suffer three months rigorous imprisonment for the offence punishable under Section 13(2) of the Act. All the sentences shall run concurrently.

(2.) The brief case of prosecution is such that the appellant accused was serving as Talati-Cum-Mantri at Girmath Pirana Gram Panchayat. As per the case of the prosecution, the complainant had purchased land bearing Block No.264, Survey No.526, admeasuring 1 Acre 24 Gunthas by registered sale deed and therefore, said land was required to be entered into the name of original complainant in the revenue records. For that purpose, the complainant made an application along with index to enter his name in respect of the said land purchased by him. As per the case of the prosecution, for entering the name of the complainant in the revenue records, the accused demanded Rs.7000/- and out of the said amount, Rs.4000/- was to be paid before the work done and remaining Rs.3000/- was to be paid after the entering the name of the complainant in the record. As the complainant did not want to give said bribe to the appellant, he approached the ACB office for filing complaint against the appellant. The ACB P.I. Mr. Mysorewala registered the complaint and he called panchas namely Dinehbhai Mangabhai Makwana and Harshadkumar Girdharlal Sharma at Kamod Chokdi. Said P.I. introduced the complainant and one Jayantilal Manilal to the said two panchas. Thereafter, first part of panchnama was drawn and the numbers of bribe amount of Rs.4000/- (Rs.500/- x 8) were noted down. The said P.I. also completed all formalities for arranging trap and panchnama was prepared between 13:45 to 14:45 hrs. on 28.6.2000 and made the signatures of the panchas and also of the said P.I. Said P.I. explained the experiment of the ultra violet lamp by applying anthracene powder on the said currency notes of bribe to the complainant and panchas. Thereafter, the members of raiding party, two panchas as well as complainant were proceedings through the government vehicle being jeep to the office of the appellant. As per the instruction, the complainant and panch No.1 entered the office of the panchayat, where the accused, one auditor and Ex-Talati were there and at that time, audit work was going on in the Panchayat office. The complainant took the seat near the accused and panch No.1 sat on the table behind the complainant. Meanwhile, the accused appellant showed the person namely Jayantilal, who was coming with the complainant and asked as to why this person came with you.

(3.) Thereafter, the FIR was lodged. Statements of the complainant were recorded and also further investigation was being carried out. After obtaining the sanction from the appropriate authority, the charge-sheet was filed against the accused. Thereafter, the charge was framed against the appellant by the learned Special Judge.