NAGINBHAI DALPATBHAI CHAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has been convicted by the impugned judgment and order dated 15.12.2001 by Special Judge, Vadodara in Special Case No.25 of 1994, whereby appellant has been awarded to undergo R.I of one year and to pay Rs.2,000/- as fine and in default of such payment, to undergo further S.I for 3 months for the offence punishable u/s.7 of the Prevention of Corruption Act, 1988; whereas to undergo R.I for 2 years with fine of Rs.3,000/- and in default of payment of fine, to undergo further S.I for 4 months for the offence punishable u/s.13(2) of the Prevention of Corruption Act, 1988.

(2.) I have perused the impugned judgment and record and proceeding. On consideration of submission by the appellant as well as the prosecuting agency i.e. State, prima facie it becomes clear that there is no cogent and reliable evidence to confirm conviction.

(3.) In such appeal, basically now, the law is well settled whereby to verify that whether conviction is proper or not, we have to scrutinize the evidence to see that whether following four basic ingredients to confirm commission of offence under the Act has been proved or not.