JITENDRAKUMAR KANTILAL YAGNIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed by the appellantaccused under Section 374 of the Criminal Procedure Code, 1973 against the judgment and order of conviction dated 25.11.2004 passed by learned Additional Sessions Judge, Fast Track Court No.9, Rajkot in Special Case No.18 of 1993, 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 simple imprisonment for one year with fine of Rs.500/ - and in default, to further undergo simple imprisonment of one month and also the appellantaccused was also convicted for offence under Section 13(1)(D) read with Section 13(2) of the Act and sentenced to undergo rigorous imprisonment for one year with fine of Rs.500/ - and in default, to further undergo simple imprisonment for one month. The sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that the appellant -accused was a Sanitary Inspector in Rajkot Municipal Corporation and and he had demanded bribe of Rs.100/ - from the complainant for keeping both husband and wife in the job in the same ward and further if they came late or if they are absent, he should not fill up there absent and the appellantaccused was caught by the Trapping Officer of ACB, Rajkot while accepting the said bribe money from the complainant. On receiving the evidence, Sections 7, 13(1)(D) read with 13(2) of the Act were found as proved.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Additional Sessions Judge, Fast Track Court No.9, Rajkot, which was, thereafter, numbered as Special Case No.18 of 1993.