PAULBHAI K MACWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the original accused against the order of conviction under section 5(1) read write section 5(2) of the Prevention of Corruption Act and under section 161 of the Indian Penal Code and the order of sentence of S.I. for one year and fine of Rs. 150/- and in default of payment of fine S.I. for six months each for both the aforesaid offences passed by the learned Special Judge, Nadiad on 17-6-82 in Special Case No. 1/82. It was also directed by the learned Special Judge that the substantive sentences to run concurrently. The accused-appellant was charged for the offence under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act as also for the offence under section 161 of the Indian Penal Code on the allegation that during the period from Aug., 1981 to Dec. 1981 when he was serving as Talati-Cum-Mantri of village Adas he has accepted the amount of Rs. 50/-as bribe and/or illegal remuneration on 24-8- 1981 for giving permission to the complainant Ude Singh Mahida for the construction of house. It is further alleged that on 13-10-1981 and 18-10-1981 or round about that period the accused- appellant demanded Rs. 150/- from the complainant for the purpose of removing objections from Christian received by the Gram Panchayat and that on 20-10-81 at about 12.30 noon the appellant accepted the said amount of Rs. 150/- from lhe complainant and he executed the writing on the letter pad of the Gram Panchayat. It is alleged that the accused-appellant has accepted the amounts of Rs. 50/- as well as Rs. 150/- as stated above, by corrupt means and/or, otherwise by abusing his position as a public servant and therefore, he has committed the offence under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act and similarly, for the same act he has committed the offence under section 161 of the Indian Penal Code.

(2.) The short facts of the case can be stated as under; 3 The appellant was the Talati-Cum-Mantri in Adas Gram Panchyat in the yearl98l. The complainant Ude Singh Gambhir Singh Mahida was having land at Adas and it was required to be measured for making a document as the complainant had received the said land by the family arrangement. The accused-appellant had gone to measure the said land on 24-8-1981, but he could not measure it and hence, it was measured on the next day by the clerks Baliyaji. Vikrambhai Bhupatbhai and Manubhai. The accused took Rs. 50/- from the complainant on 24-8- 1981 for the permission for making construction on the said land. The complainant had constructed the wall and the construction was of the value of Rs. 12000/-. Some Christians from the neighbouring locality had raised objection before the Panchayat regarding the sail construction. On 13-10-1981 and 18-10-1981 the accused appellant demanded Rs. 150/ from the complainant for finalizing the matter regarding the objection's of the Christians. Ultimately, the accused told the complainant to make the payment on the coming Tuesday i.e. 20-10-1981 and that if he did not pay the said amount to him, he would see that the construction was removed and that the objections of the Christians would be placed before the meeting of the Panchayat. The complainant did not want to pay the amount to the accused and, therefore, he went to the office of the A C.B. on 19.10-1981 and lodged the complaint (Exh. 14).

(3.) Thereafter, the trap was arranged and the complainant produced Rs. 150/- in the office of the A.C.B. and thereafter the notes were treated with the anthracene powder and the complainant, two panchas and the persons of the raiding party went to the house of the complainant at Adas on 20- 10-1981. The appellant-accused came at about 12-15 noon, demanded and accepted the amount i.e. Rs. 150/- from the complainant and he was then trapped. The further formalities of the test of anthracene powder were carried out and the investigation was carried out by the A.C.B. Nadiad and after receiving necessary sanction for prosecution charge-sheet was filed.