DAHYABHAI M BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is preferred against the judgment and order delivered by the Special Judge, Vadodara on 05.10.1991 in Special Case No.5/1987 convicting the present appellant - accused for the offences punishable under Section 5(1)(d) to read with Section 5(2) of the Prevention of Corruption Act and under Section 161 of the Indian Penal Code. The present appellant was sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.100/-, in default, to undergo rigorous imprisonment of 15 days for the offences punishable under Section 5(1)(d) to read with Section 5(2) of the Prevention of Corruption Act. The appellant was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.500/-, in default, to undergo rigorous imprisonment for 15 days for the offence punishable under Section 161 of the Indian Penal Code. It was directed that both the sentences to run concurrently.

(2.) The facts giving rise to the prosecution against the present appellant can briefly be stated as under:-

(3.) On 27.05.1991, charge for the offence punishable under Section 5(2) of the Prevention of Corruption Act, 1988 and under Section 161 of the Indian Penal Code was framed vide Ex.6 to which the accused - appellant denied, except that he was public servant at the relevant time.