RANCHHODBHAI BHIKHABHAI SENGMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE conviction Appeal No.836 of 1997 has been filed by the appellant­original accused, under Section 374 of the Cr. P.C., against the Judgment and order dated 27.08.1997 passed by the learned Special Judge, City Civil Court No.10, Ahmedabad, in Special Case No. 1 of 1994, whereby the appellant -accused was convicted for the offence punishable under Section 7 of the Prevention of Corruption Act and sentenced to undergo 6 months rigorous imprisonment with fine of Rs.3,00/ -, in default of payment of fine, further rigorous imprisonment of 15 days and for the offence punishable under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act and sentenced to undergo 1 year rigorous imprisonment with fine of Rs.300/ -, in default of payment of fine, further rigorous imprisonment of 15 days. Against the judgment and order of conviction as aforesaid, Criminal Appeal No.933 of 1997 is filed by the State under Section -377 of the Code of Criminal Procedure for enhancement of sentence awarded by the learned trial Judge.

(2.) ACCORDING to the prosecution case, on 31.07.1993, one Ramanlal Purushotam Patel gave a complaint to ACB office alleging that when he was coming in his Jeep bearing No.GRN 1106 and going to old Shahalam Toll Naka from Bhulabhai cross road, his vehicle was stopped by ACB officer and told him that in the Ahmedabad city area and on the highway touching to Ahmedabad City, local police and traffic police stopped the passenger vehicle and were collecting illegal gratification from the said driver by demanding Rs.5/ - to 50/ -as bribe. The complainant confirmed the said information given by ACB Officer to him. The ACB Officer also informed the complainant that to verify the said fact as they arranged a trap and he shown his willingness to act as a panch in the said raid. Thereafter, his search was carried out and pocket of left side of his shirt kept open. ACB officer produced Rs.45/ -of different currency notes in different denominations. Number of the said notes were noted down in the panchnama. Experiment of ultraviolet lamp and Anthracene powder was carried out and notes were put in the left side pocket of the complainant. Panchas were called and required instructions were given to members of raiding party. Thereafter, the preliminary panchnama was drawn. Thereafter, two panchas and certain ACB Officers sat in the jeep of the complainant and other persons sat in the Government vehicle of ACB Department. They started from Shahalam, Toll Naka and through Maskati Market, Sarangpur bridge, Gomtipur, CTM, Narol Circle, Piranal Toll Naka, Vishala circle and they came near Vasna Toll Naka. At the entrance, there was a tent on left side of the road and there was a traffic post. One Police Constable in Khakhi dress stopped his vehicle and asked the complainant to go near the table and chair. Thereafter, traffic Head Constable asked certain information like name, address and whereabouts and taken Rs.30/ -from his in presence of panch No.1 as entry fee. Thereafter, raid was carried out and Rs.30/ - was recovered from the traffic Head Constable whose name was Ranchhodbhai Bhikhabhai -appellant -accused herein. The anthracene powder mark was found on the boarder of pocket of the shirt put up by the appellant -accused and also found the currency notes which were in the pocket of the appellant - accused. Said notes were taken out consisting bunch of 20 and 10 rupees currency notes. On both currency notes, ultraviolet lamp experiment was carried out and anthrecene powder was found. Numbers of currency notes were tallied with the numbers mentioned in the preliminary panchnama. Muddamal were recovered. Offence was registered after due investigation and charge - sheet was filed against the appellant -accused for the offences punishable under Sections -7, 13(1)(d) and 13(2) of the Prevention of Corruption Act before the learned Special Judge, Ahmedabad, which was numbered as Special Case No.01 of 1994.

(3.) ON the basis of above allegations, charge was framed against the appellant -accused vide Exh.2 and read -over and explained to the appellant -accused for the offences punishable under Sections -7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. Then plea was recorded, wherein, appellant -accused pleaded not guilty to the charge and claimed to be tried.