MOHANBHAI VIRABHAI CHAVADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal filed under section 374 of the Code of Criminal Procedure is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court, Bharuch on 5th July, 2003 in Special Corruption Case No.4 of 1996 whereby the accused-appellant has been found guilty of commission of the offences under Section 7 and 13(1)(d) read with Section <a style="color: #3300FF; text-decoration: none" class="section-text" onmouseover="getSectionText(this);" href="ACA153">13(2) of the Prevention of Corruption Act, 1988 (for short "the Act") and sentenced to undergo simple imprisonment for one year and to pay fine of Rs.500/-, in default, to undergo one month simple imprisonment for offence punishable under Section 7 of the Act and also to undergo rigorous imprisonment for two year and to pay fine of Rs.1000/-, in default, to undergo one month simple imprisonment in default for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Act. Both the sentences were ordered to run concurrently by learned trial Court.

(2.) According to the prosecution, the accused-appellant was, at the relevant point of time, working as Assistant Public Prosecutor at Bharuch. The complainant-Arjunbhai Karsanbhai Gurjar of Daroj village, Taluka and District - Bharuch filed an application for release of his truck on 5th July, 1995 before the Court of learned Judicial Magistrate, First Class, Jhagadia as the said truck was detained by the Police. On 7th July, 1995, the complainant and his lawyer-A.R.Mehta approached the accused-appellant for doing needful with regard to the case of releasing the said truck and at that time, the accused-appellant raised demand of illegal gratification of Rs.300/-. As the complainant did not want to pay the amount, he lodged a complaint before ACB Police Station, Ahmedabad on 10th July, 1995 and a trap was laid. The accused-appellant along with the advocate of the complainant-A.R.Mehta went to the Court of learned Judicial Magistrate, First Class, Jhagadia on 10th July, 1995 at 4:30 p.m. and after appearing before the learned Magistrate in the Chamber came out and went to the nearby hotel for having cold drinks. At that time, the accused-appellant demanded the amount and the advocate of the complainant-A.R.Mehta asked the complainant to give Rs.300/- to the accused-appellant and the complainant, as planned, gave tainted currency notes amounting to Rs.300/- to the accused-appellant and immediately raid was carried out by the Investigating Officer and other persons. The accused-appellant was caught red-handed in the trap on 10th July, 1995 at Jhagadia. The tainted currency notes were recovered from the possession of the accused-appellant.

(3.) After preparing panchnamas and seizure memo, statement of various witnesses were recorded and ultimately charge-sheet was filed against the accused-appellant on completion of investigation after obtaining necessary sanction from the Competent Authority and a case was registered as Special Corruption Case No.4 of 1996 and trial was initiated against the accused-appellant. To prove the case, the prosecution examined 6 witnesses and also produced several documentary evidence. At the end of trial after recording the statement of the accused-appellant under section 313 of the Code of Criminal Procedure and after hearing arguments on behalf of prosecution and defence, the learned trial Court convicted and sentenced the accused-appellant for the charges levelled against him by judgment and order dated 5th July, 2003. Being aggrieved and dissatisfied with the said judgment and order of conviction passed by the trial Court, the accused-appellant has preferred the present appeal.