DASHRATHBHAI VADILAL NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused, challenging the judgment and order of the learned Addl. Sessions Judge, Banaskantha at Palanpur (for short, 'the trial Court'), Dated : 03.03.2000, rendered in ACB Special Case No. 254 of 1996, whereby, the trial Court convicted accused for the offence punishable under Section 7 of the Prevention of Corruption Act ('the Act', for short) and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/ - and in default to undergo further simple imprisonment for one month. Further, the trial Court also convicted the accused for the offence punishable under Sections 13(1)(d) and 13(2) of the Act and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/ - and in default to undergo further simple imprisonment for one month.

(2.) FOR the sake of convenience, the parties shall be referred to as they stood before the trial Court, i.e. the accused, the complainant etc.

(3.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant approached the accused, who was discharging duties as Medical Officer at Primary Health Centre, Bhabhar, at the relevant point of time, for obtaining license for opium poppy and it is alleged that the accused demanded Rs.200/ - for issuing the same. Since, the complainant did not want to given the aforesaid amount, he approached the ACB officials and a trap was arranged, wherein, the accused was allegedly apprehended. At the end of the investigation, on finding sufficient evidence, charge -sheet was filed against the accused. In order to prove the guilt of the accused, the prosecution examined the following witnesses; <FRM>JUDGEMENT_74_LAWS(GJH)5_2015.htm</FRM>