RAJABHAI MANGALBHAI DULERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 11/07/2003 rendered by the learned Special Judge, Fast Track Court, Dhrangadhra in Special Case No.14 of 2000 whereby the appellant has been convicted for the offence punishable under Section <a style="color: #3300FF; text-decoration: none" class="section-text" onmouseover="getSectionText(this);" href="ACA153">7 of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for one year with fine of Rs. 1,000/- and in default of payment of fine to undergo simple imprisonment for a further period of two months and further convicted for the offence punishable under Section <a style="color: #3300FF; text-decoration: none" class="section-text" onmouseover="getSectionText(this);" href="ACA153">13(1)(d) and <a style="color: #3300FF; text-decoration: none" class="section-text" onmouseover="getSectionText(this);" href="ACA153">13(2) of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for two years with fine of Rs. 2,000/- and in default of payment of fine to undergo simple imprisonment for a further period of six months and further ordered to undergo both the imprisonment together.

(2.) The short facts giving rise to the present appeal are that complainant had applied for electric connection before the GEB, Dhrangadhra and for the same he had deposited requisite amount before the GEB, Dhrangadhra. For the said electric connection, the complainant met accused Rajabhai Mangal Dulera, Junior Engineer of the GEB, Dhranadhra who demanded Rs.3,000/- as illegal gratification for electric connection. As the complainant did not want to give him such illegal gratification, he registered the complaint before ACB Police Station, Surendranagar and thereby in the arranged trap, while accepting the bribe, the accused was caught redhanded along with tainted currency notes and, thereby the appellant committed the offence as mentioned above. Hence, the complaint came to be lodged against the appellant-accused.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the charge-sheet against the appellant accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.