DATHABHAI ALUBHAI CHHASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AT the outset, it may be noted that the original accused -appellant expired pending appeal, and hence, his heirs came to be brought on record vide order of this Court dated 20.07.2011.

(2.) THIS is an appeal by the original accused -original appellant, challenging the judgment and order of the learned Special Judge and Addl. Sessions Judge, Kheda at Nadiad (for short, 'the Trial Court'), Dated : 05.03.1999, whereby, the trial Court held the accused guilty for the offence under Sections 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 ('the Act', for short) and sentenced him as under;

(3.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant -PW -1 was residing in a house, which originally belonged to his father. Aforesaid house collapsed during monsoon, and hence, PW -1 approached the Gram Sevak for obtaining a loan for reconstructing the same. The Gram Sevak told him to obtain an assessment report and for the said purpose, the complainant -PW -1 approached the accused, who was discharging duties as Talati -Cum -Mantri at that point of time and it is alleged that the late accused demanded Rs.200/ - from the complainant for issuing the assessment order. Since, the complainant did not want to pay bribe to the late accused, he approached the ACB officials and a trap was arranged on 30.01.1996, wherein, the accused was caught. Hence, a complaint came to be lodged against the late accused and on finding sufficient evidence, police filed a charge -sheet against him. At the time of trial, the late accused did not plead guilty and claimed to be tried, and hence, the trial was conducted.