VASANATRAI KARSANBHAI MANKADIA 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 19/01/2004 rendered by the learned Special Judge, Fast Track Court, Amreli in Special Case No.3 of 1990 whereby the appellant has been convicted for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to undergo simple imprisonment of six months and fine of Rs.2,000/- and in default to pay fine, to undergo simple imprisonment of one month. Further the appellant - accused has been convicted for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment of one year and fine of Rs.3,000/- and in default to pay fine, to undergo simple imprisonment of six months.

(2.) The short facts giving rise to the present appeal are that on 01/04/1989, PW-4 Natwarlal Narsinhbhai Nagar, then working as PSI, ACB in Rajkot, was informed by the Assistant Director, ACB, Rajkot that he, PHC Sorathia, Police Constable Mahendrasinh Parmar, Police Constable Naranbhai should report to P.I. Shri Shimpi at Amreli for Government Work. Accordingly, they reported and when they were present in the chamber of P.I. Shri E. G. Shimpi, a trap was arranged at 5:30 p.m. on that day and a trap was the decoy trap. The raiding party which reported at Amreli, was given to understand that in Primary Health Center (for short "PHC ") of Mota Devaliya, Dr.Mankadia - the accused had not to charge the fees for the treatment given by him to the patients, and despite these facts he was taking fees and, therefore, a decoy trap has to be arranged. At that time, the bogus complainant Ganibhai Dabbawala and other members of the staff and two panchas were introduced to each other. P.I. Shri Shimpi gave the information to the Panchas about the private information which he had received. Thereafter P.I. Shri Shimpi told bogus patient-complainant that he should approach the accused and tell him that he was suffering from acute stomach pain and he should take the medicine for the prescription given by the accused, and if he demanded some fee am ount, he should give the accused the requisite fees. The bogus patient was given two currency notes being one of Rs.10/- and one of Rs.5/-. The experiment with the anthracene powder and UV lamp was done and thereafter Lakhabhai explained to the bogus patient and the members of the raiding party about the trap. Thereby, first part of panchnama was drawn. Thereafter, as per arrangement of trap, all the members of the raiding party left for Mota Devaliya and reached there at 6:45 p.m. and after some time, they stood near the house of the accused-doctor and at about 7:00 p.m. when the accused accepted Rs.5/- from the decoy, a pre arranged signal was given by the bogus patient, therefore, raiding party went to the residence of doctor and caught him red-handed and recovered the tainted currency note. Thereafter the formalities were complied with and thereby the appellant committed the offence. 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.