KHODIDAS NARAYANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Khodidas Narayanbhai Parmar, the appellant ­ original accused has preferred this appeal under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 17.8.1999 passed by the learned Special Judge, Ahmedabad (Rural) in Special Case No.15 of 1998, whereby, the learned Special Judge has convicted the accused for the offence punishable under Sections 7 of the Prevention of Corruption Act and sentenced him to undergo R.I. for 6 (six) years with fine of Rs.500/, in default of payment of fine, to undergo further imprisonment for 01 (one) month. He is also convicted for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced to undergo R.I. for 1 (one) year with fine of Rs.1,000/, in default of payment of fine, to undergo further imprisonment for 03 (three) months. The learned Judge has ordered substantive sentences to run concurrently.

(2.) The brief facts of the prosecution case are as under: The complainant Afzalbhai Gadhia wanted SLC for the purpose of giving an application for the post of a driver advertised by the S.T.Corporation. Therefore, he met the accused in Taluka School on 31.3.1997 at Barvala. The accused refused to issue him SLC. Thereafter on 2.4.1997 at about 9:00 a.m. the complainant Afzalbhai again went to the school and met the accused and requested the accused to issue SLC. At that time, the accused told him that he had already taken SLC twice in past and, therefore, he would not get SLC on the third occasion. On persistent request being made by the complainant, the accused told him to come after two days for collecting the same with the amount for the same. It is alleged that the accused told the complainant to pay him Rs.200/. As the complainant had no money with him, the accused asked him to take SLC after two days after making an arrangement of Rs.200/. Therefore on 3.4.1997, the complainant approached the Police Inspector Mr.Dodia and lodged his complaint. On 4.4.1997 at the stipulated time and place the complainant came to Limbdi Road where Police Inspector Mr.Dodia alongwith Police Inspector Mr.Vaishnav and two panchas were present. The complainant then submitted two currency notes, each of Rs.100/ denomination. These currency notes were smeared with anthracene powder and then usual experiment of the effect of ultra violet rays on anthracene powder smeared on these notes was carried out with the help of ultra violet lamp in presence of the panchas by Police Head Constable Balubhai Gafurbhai at the instruction of P.I. Shri Dodiya. Powdered notes were then kept in the bushshirt pocket of the complainant and panch No.1 Ramesh Patel P.W. No.2 was instructed to remain with the complainant all throughout the trap and to see and hear what transpires between the complainant and the accused at the time when demand for illegal gratification is made by the accused and the powdered notes are transferred. After completing necessary formalities, the raid was carried out. The complainant and panch No.1 entered in the school and other raiding party members concealed themselves around the school. In the school, there was talk between the complainant and the accused and thereafter in between the complainant and one Shri Parmanand, another teacher about the school leaving certificate and the complainant is said to have given the amount of Rs.100/ to the accused in pursuance of his demand and after such payment, the school leaving certificate was given and the receipt of Rs.95/ out of the amount of Rs.100/ given to the accused was also given to the complainant. Thereafter, the complainant gave a signal to PI Shri Dodiya as instructed, after coming out from the school. PI Shri Dodiya and other raiding party members rushed to the school and introduced himself and instructed the three teachers present there to remain in the position in which they are. On inquiry from panch No.1 the Head Master went upwards, PI Shri Dodiya alongwith panchas went upwards. The currency notes of Rs.100/ were seized from the corner of the wooden planks of the blackboard where the Head Master was standing. Stains of anthracene powder were found on the hands and bushshirt and on the diary which was inside the pocket of the bushshirt, stains of anthracene powder were also waited on the baclkboard from where the currency note of Rs.100/ was seized and also on the currency note of Rs.100/. Necessary panchnama to that effect was made in the school itself.

(3.) Thereafter, the charge was framed against the appellant to which the appellant ­ accused pleaded not guilty and claimed to be tried.