DAYASHANKAR BHULAN TRIPATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 374 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C. ') by the appellants-convicts (original accused) against the judgment and order of conviction and sentence dtd. 27/5/2005 passed by the learned Special Judge, Fast Track Court No.1, Patan, in Special (ACB) Case No.6 of 2002 (Old Special ACB Case No.10 of 1999).

(2.) By the aforesaid judgment and order of conviction and sentence, the trial Court held the present appellantsoriginal accused guilty for the commission of the offences punishable under Ss. 7, 12, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988, and consequently, sentenced them to undergo rigorous imprisonment for 2 years along with the fine of Rs.1,000.00, and in default of payment of fine, to undergo further simple imprisonment for 1 month.

(3.) The brief facts of the prosecution case are that the original complainant, namely, Bhanuprasad Dhirajlal Oza, a resident of Patan, lodged a complaint on 13/1/1999 before the Police Inspector, Anti-Corruption Bureau (ACB), Mehsana. The complainant stated that he resides in Patan and earns his livelihood by operating an auto-rickshaw bearing registration No. GJ-2U-2146. He has stated that he has also employed one Kaniya Mal, who drives the said auto-rickshaw.