AJITSINH DEVUSINH MASANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has challenged the judgment and order dated 3/7/2003 rendered by the Addl. Sessions Judge, F.T.C. No. 3, Kheda at Nadiad in Special Case No. 7/1997. By such impugned judgment, the Sessions Judge has convicted the appellant and awarded sentence of rigorous imprisonment [RI] for two years and fine of Rs.10,000/ - and in default of payment of fine, further RI for three months. Such conviction is for the offences punishable under sections 7, 13[1][c] and 13[2] of the Prevention of Corruption Act [for short 'PC Act'].

(2.) The sum and substance of the prosecution case is to the effect that the appellant, while discharging his duties as police constable at Kheda Police Station, demanded and accepted an amount of Rs.3,000/ - as illegal gratification and bribe during his tenure as a public servant from the complainant for extending him benefit of non - harassment when the complainant was facing criminal proceedings. The prosecution case is to the effect that the appellant was investigating the complaint against the present complainant as well as his other brothers, therefore, he demanded illegal gratification from the complainant.

(3.) As usual, when the complainant has disclosed before the office of Anti Corruption Bureau [ACB] that the appellant had demanded bribe and he does not want to pay the same, the ACB office has initiated process of trap. The minute details of pre -arrangement of trap is now not much material to be discussed or reproduced repeatedly because it is well described in the impugned judgment. However, the fact remains that because of the complaint lodged by the complainant ­ Shanabhai Raisingbhai Vaghela, the ACB has arranged a trap, they found positive evidence so as to prosecute the appellant and, therefore, after the trap and investigation, charge -sheet was filed against the appellant alleging that on 27/1/1997 when the complainant had been to the police station, the appellant has asked for an amount of Rs.3,000/ - and thereupon, after lodging the complaint and managing for the trap, when the complainant has approached the appellant on 29/1/1997 with the amount of bribe, the appellant has demanded and accepted such amount and thereby he has committed offence as alleged.