RAMANBHAI ASHABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused No.1, challenging the judgment and order of the learned Special Judge, Nadiad (for short, 'the trial Court'), Dated : 06.08.1998, rendered in ACB Special Case No. 4 of 1994, whereby, the trial Court convicted accused No.1 for the offence punishable under Section 7 of the Prevention of Corruption Act ('the Act', for short) and sentenced him to undergo simple imprisonment for six months and to pay fine of Rs.250/ - and in default to undergo further simple imprisonment for 15 days. However, the trial Court did not inflict any separate sentence for the offence punishable under Sections 12 and 13(1) of the Act.

(2.) FOR the sake of convenience, the parties shall be referred to as they stood before the trial Court, i.e. accused No.1, the complainant etc.

(3.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant wanted to get his name entered into the Record of Rights, and therefore, he approached accused No.1, who was at the relevant point of time discharging duties as Talati -cum -Mantri, whereas, accused No.2 was discharging duties as a Peon. It is alleged in the complaint that for getting his work done, accused No.1 demanded Rs.300/ -, but, finally he settled to Rs.100/ -. Since, the complainant did not want to given the aforesaid amount, he approached the ACB officials and a trap was arranged, wherein, the accused Nos. 1 and 2 were allegedly apprehended. At the end of the investigation, on finding sufficient evidence, charge -sheet was filed against the accused. In order to prove the guilt of the accused, the prosecution examined the following witnesses;