HASMUKHBHAI RAIJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused -appellant, herein, challenging the judgment and order of the learned Special Judge, Panchmahal, Godhra (for short, 'the trial Court'), Dated : 01.06.2000, whereby, the trial Court convicted the accused for the offence punishable under Section 13(1) and Section 13(2) of the Prevention of Corruption Act, 1988 ('the Act', for short) and sentenced him to undergo rigorous imprisonment for three years and to pay fine of Rs.500/ - and in default to undergo further rigorous imprisonment for one month.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant, who was owning a tailoring shop at Shivrajpur, made an application for loan, since, he wanted to start business of ready -made garments. On the basis of the application made by the complainant, the accused went to the village of the complainant and prepared a proposal for loan and on loan being sanctioned, a proposal for subsidy was sent to the Taluka Panchayat. It is alleged in the complaint that on 07.02.1995, when the complainant along with his co -brother approached the accused for subsidy, the accused demanded Rs.800/ -. Since, the complainant did not want to give bribe, he approached the ACB officials and a trap was arranged, wherein, the accused came to be apprehended. At the end of the investigation, on finding sufficient evidence, charge -sheet was filed against the accused.

(3.) IN order to prove the guilt of the accused, the prosecution examined the following witnesses;