VIJENDRANATH SACHADINAND BHARGAV 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 07.08.2000 passed by learned Special Judge, Court No.4, Ahmedabad in Special Case No.15 of 1992, 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 rigorous imprisonment for one year with fine of Rs.500/ - and in default, to further undergo rigorous imprisonment of three months and also the appellant -accused was also convicted for offence under Section 13 (2) of the Act and sentenced to undergo rigorous imprisonment for two years with fine of Rs.500/ - and in default, to further undergo rigorous imprisonment for three months. The sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that the accused was working as Assistant Engineer -II at Dahod Western Railway during the Year -1991 and complainant - Mr.M.H.Patel was working as Engineer with the firm Ravi Builders, Ahmedabad. It is further case of the prosecution that a work order bearing No.B/11/C/3 dated 29.10.1990 was awarded to the firm M/s.Ravi Builders, Ahmedabad for laying the drainage pipeline under the railway track near Railway Crossing No.46/B and also to lay the pipeline for the water. This work was to be completed on or before 30.04.1991. It is further case of the prosecution that the work was supervised by the accused on behalf of the Railway Authority and by Mr.M.H. Patel on behalf of M/s. Ravi Builders. The bills regarding the completion of the work were to be prepared by the office of the Assistant Engineer, Dahod and the same were to be forwarded by the accused with his recommendation to the Divisional Office, Western Railway, Ratlam for making necessary payment. It is further case of the prosecution that the work, which was awarded to M/s. Ravi Builders vide order dated 29.10.1990, was completed on 26.04.1991. The accused used to collect illegal gratification at the rate of 5% of the amount due in favour of the Contractor. The last bill which was pending in favour of M/s. Ravi Builders for the amount of Rs.25,000/ - approximately with the office of the accused for sending the same to the Divisional Office along with his recommendation. On 28.06.1991, the complainant met the accused at about 19:00 hours at his residence regarding the aforesaid bill. It is further case of the prosecution that the accused, at that time, demanded Rs.1,250/ - as illegal gratification from the complainant with the motive for forwarding the bill to the Divisional Office. The accused further demanded Rs.300/ - to Rs.400/ - in respect of the earth work which was completed by the Contractor. The complainant told the accused that he will have a talk with his employer in that regard. The accused thereafter told the complainant to come to his residence on 02.07.1991 at about 19:20 hours along with the amount. It is further case of the prosecution that the complainant returned to Ahmedabad and had a talk with the employer -Shri Rashmibhai who refused to pay illegal gratification and therefore, a decision was taken to lodge the complaint with the ACB Ahmedabad and the complaint was lodged at about 11:00 hours on 02.07.1991. It is further case of the prosecution that the complainant was asked to produce the amount which was to be given to the accused towards the illegal gratification and accordingly, he was asked to produce 15 currency notes in the denomination of Rs.100/ - and one currency note of Rs.50/ - to the P.I., ACB, Ahmedabad in the presence of panch witnesses. The entire procedure was explained to the panch witnesses and after following the required procedure, the raid was carried out and on the raid being carried out, the accused was caught red -handed and thus, the accused has committed the offfence punishable under Sections 7, 13(1)(d) and 13(2) of the Act.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Special Judge, Court No.4, Ahmedabad, which was, thereafter, numbered as Special Case No.15 of 1992.