BHALCHANDRA LAXMISHANKAR DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15.1.2003 passed by the learned Joint District and Special Judge, Fast Track Court No.3, Bharuch for the offence punishable under Sections 7, 13(1) and 13(2) of the Prevention of Corruption Act (hereinafter referred to as "the Act"). For the offence punishable under Section 7 of the Act, the appellant is convicted to undergo simple imprisonment for a period of three years with fine of Rs.5,000/ and in default of the same, the appellant is further convicted to undergo simple imprisonment for a period of six months. For the offence punishable under Section 13(1) of the Act, the appellant is convicted to undergo simple imprisonment for a period of two years with fine of Rs.5,000/ and default of the same, the appellant is further convicted to undergo simple imprisonment for a period of six months. The learned Trial Court has observed to run all the sentences concurrently.

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

(3.) Heard Mr. K.G. Pandit, learned advocate for the appellant and Mr. L.R. Poojari, learned Additional Public Prosecutor for the respondent ­ State and perused the original record and proceedings as well as the paperbook.