SHANTILAL MOTIBHAI GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of the same incident and involve common questions of law and facts and hence, they are being decided by this common judgment.

(2.) Criminal Appeal No.1066 of 1998 is preferred by the appellant - Shantilal Motibhai Gohel who is original accused No.2 and Criminal Appeal No.1089 of 1998 is preferred by the appellant - Ishwarbhai Somabhai Rohit who is original accused No.1 against the judgment and order dated 12.10.1998 passed by learned Special Judge and Additional Sessions Judge, Kheda at Nadiad in Special Case (ACB) No.2 of 1997 whereby the original accused No.1 was convicted for the offence under Section 7 of the Prevention of Corruption Act 1988 ("the Act" for short) and sentenced to undergo one year rigorous imprisonment and fine of Rs. 5000/-, in default, to undergo six months simple imprisonment and for the offence under section 13(2) read with section 13(1)(d) of the said Act, the original accused No.1 was sentenced to undergo three years rigorous imprisonment and fine of Rs. 10000/-, in default, to undergo further three months simple imprisonment, whereas original accused No.2 was convicted for the offence under section 7 of the Act read with Section 120B of I.P.C. and sentenced to undergo one year rigorous imprisonment and fine of Rs. 3000/-, and for the offence under section 13(2) read with section 13(1)(d) of the said Act along with Section 120B of I.P.C., the original accused No.1 was sentenced to undergo two years rigorous imprisonment and fine of Rs. 5000/-, in default, to undergo further three months simple imprisonment.

(3.) The short facts giving rise to the present appeal are that PW 3 C.C. Raval was discharging his official duties as Police Inspector, ACB, Nadiad during the year 1996 and he received the information that the officials of local police and RTO are harassing the drivers of the vehicles and they are collecting illegal gratification and thereafter the drivers of the vehicles are allowed to go without having any legal action against them. It is alleged that therefore PW 3 invited two independent panch witnesses on 18.10.1996 and decided for trap and accordingly, the panchas were informed. Thereafter, truck No.GJ 18 T 585 was stopped by PW 3 and the driver PW 2 Yusufbhai was taken into confidence that his assistance was required to lay the trap. It is alleged that thereafter PW 3 followed the necessary procedure and driver PW 2 Yusufbhai started moving his truck and the members of raiding party also took their seat in the cabin of the truck at about 0.45 hours in the night. It is alleged that when PW 2 was moving his truck through the highway, near Sardar Patel Bhavan, Nadiad, one constable having uniform of traffic police, whistled and stopped the truck by raising hand. Thereafter PW 1 and PW 2 had gone to accused No.1, at that time, the accused No.1 told decoy Yusufbhai as to why he has not placed light or red cloth at the reverse side of the truck and also threatened decoy Yusufbhai for issuance of memo. During this period, accused No.2 who was in the company of the accused No.1 made gesture by his hand to make a payment of illegal gratification and accused No.1 demanded illegal gratification of Rs. 100/-. It is alleged that PW 2 Yusufbhai took out tainted currency notes of Rs. 100/- by his right hand and extended the same towards accused No.1 who accepted the said currency notes by his right hand and placed it into the right pocket of his pant. It is alleged that PW 2 Yusufbhai raised a pre-arranged signal and hence, the members of raiding party and PW 3 rushed to the place of the incident. It is alleged that accused No.1 tried to thrown away tainted currency notes of Rs. 100/- near to the scooter and said currency note of Rs. 100/- along with one currency note of Rs. 10/- were recovered near to the scooter owned by the accused during the search. It is also alleged that accused Nos.1 to 3 entered into criminal conspiracy with an intention to demand illegal gratification from the drivers of the vehicles. It is alleged that the accused persons were caught red handed while demanding and accepting illegal gratification of Rs. 100/- from the decoy PW 2.