PRAKASH SHAMBHUPRASAD JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal by the original accused No.1, whereby, he has challenged the judgment and order of the learned Special Judge, Ahmedabad (Rural), Ahmedabad (for short, "the Trial Court" ), Dated : 13.04.1999, whereby, the learned judge convicted the original accused No. 1 for the offence punishable under Section 7 and Section 13(1)(d) 1,2,3 with 13(2) of the Prevention of Corruption Act, 1988 ("the Act" , for short) and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.2,000/- and in default to undergo further rigorous imprisonment for one month.

(2.) For the sake of convenience, the parties shall be referred to as they appeared before the trial Court.

(3.) The brief facts of the case of the prosecution are that, at the relevant point of time, the original accused No.1 was serving as Asst. Manager (Accounts) and accused No.2 was serving as Asst. Manager (Administration) in Gujarat Rajya Bij Nigam at Gandhiangar. The tender of the original complainant for supplying security guards was accepted by Gujarat Rajya Bij Nigam and the complainant came to be intimated about the same in writing. It is alleged that for the purpose of executing an agreement in writing, the accused Nos. 1 and 2 demanded Rs.15,000/- from the complainant. It is alleged that the accused Nos. 1 and 2 told the complainant to pay Rs.1500/-per month and they allegedly accepted the same from the complainant. It is alleged that accused Nos. 1 and 2 had also accepted two night lamps in the month of October, 1989 and five T-shirts after Dipavali from the complainant. It is stated in the complaint that from the month of November, 1989, the accused allegedly told the complainant that, if, he wish to continue his contract, then, he has to pay Rs.3,000/- from that month onwards.