STATE OF GUJARAT Vs. RATHOD NANJIBHAI UGABHAI

JUDGEMENT

(1.) THE appellant - original accused has preferred this appeal under sec. 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 05.03.2005 passed by the learned Special Judge, FTC No.3, Bhavnagar, in Special Case No.9 of 1996, whereby, the learned Special Judge has convicted the appellant - accused No.1 - Bhatt Bharatbhai Ramnikalal, for the offences punishable under Section 7 of the Prevention of Corruption Act and sentenced him to undergo S.I. for three year and to pay a fine of Rs.500/, in default of which, to undergo further S.I. for thirty days. He is also convicted for the offence punishable under Section 13(2) of the Prevention of Corruption Act and sentenced him to undergo S.I. for two years and to pay a fine of Rs.500/, in default of which, to undergo further S.I. for thirty days. The learned Special Judge has acquitted the appellant - accused No.2 - Rathod Nanjibhai Ugabhai, for the offences punishable under Section 12 of the Prevention of Corruption Act.

(2.) THE brief facts of the prosecution case are as under:

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