MANSUKHLAL DEVRAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.M.J. Buddhbhatti with learned advocate Mr.Devang Bhatt for the appellant and learned APP Mr. K.P. Rawal for the respondent No.1 - State in both the appeals.

(2.) The appellant has been convicted u5(1)(D) r/w. Section 5(2) of the Prevention of Corruption Act, 1947 read with Sections 161 and 165(A) of the Indian Penal Code whereby he has been awarded punishment of six months with fine of Rs.500/- and in default of payment of fine, to undergo sentence of two months by impugned order dated 11.4.1991 in Special Case No.1 of 1988 by the Special Judge, Surendranagar. Such order of conviction is against two persons, namely, present appellant - Mansukhlal Devraj, who was working on contract basis with the Social Welfare Department of the State of Gujarat with one Bhanjibhai Govabhai, who was serving as Inspector in the same department.

(3.) The case of the prosecution is to the effect that from such department a loan and subsidy is being provided to people of economically backward class and such activity is being managed by respondent No.2, whereas respondent No.1 has to work as agent to spread such activities amongst the needy persons. Whereas, while performing duty as such, when daughter of the complainant and her cousin had desired to start a small business of ready-made clothes, they had approached the office of the accused when it is alleged that accused No.2 has demanded Rs.50/- and conveyed that if he is not present, then, amount of such illegal gratification and bribe should be paid to accused No.1 i.e. the present appellant.