KRUSHNAKUMAR NARSINHJI CHAVADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. R.D. Kinariwala for the appellant and learned APP Ms. Reeta Chandarana for the respondent - State and prosecuting agency.

(2.) The appellant has been convicted by the learned 4th Additional Sessions Judge of Dahod under Sec. 7, 13(1)(d), 13(2) of the Prevention of Corruption Act by judgment and order dated 21.06.2013 whereby the Sessions Court has awarded sentence of 6 months simple imprisonment and fine of Rs. 2500/ - with a condition that in case of non -payment of fine he has to undergo 15 days simple imprisonment for non payment of fine for the offences committed under Sec. 7 of the Act, whereas simple imprisonment of one year and fine of Rs. 2500/ - with a condition that in case of non payment of fine he has to undergo 15 days simple imprisonment for non payment of fine for the offences committed under Sec. 13(1)(d) of the Act making, it clear that total fine would be Rs. 5000/ - and all the sentence has to undergo concurrently. Therefore, petitioner has been convicted for 1 year only.

(3.) The appellant has challenged the judgment of such conviction inter alia on several grounds but mainly on the ground that when complainant is not supporting the prosecution case and when his evidence is not properly appreciated under Sec. 143 and 154 of the Evidence Act read with Sec. 161 of the Code of Criminal Procedure, appellant cannot be held guilty. To that extent, appellant is relying upon the derision reported in : 2016(3) SCC 108 between Krishan Chandar v/s. State of Delhi.