NARENDRA C BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant-orig. convict (hereinafter referred to as 'the appellant') has preferred this appeal under Section 374 read with Section 386 of the Code of Criminal Procedure, 1973, challenging the judgment and order of conviction and sentence dated 31st July 1991, passed by the learned Special Judge, City Sessions Court, Ahmedabad City, in Special Case No. 12 of 1989, whereby the learned trial Judge has held the appellant guilty of the charge of offences under Sections 7 and 13 (1) (d) (ii) of the Prevention of Corruption Act.

(2.) THE legality and validity of the judgment and order of conviction and sentence has been challenged on various grounds as mentioned in paragraph no. 7 of the memo of the appeal. Shri A. D. Shah, learned counsel appearing for the appellant and Shri A. J. Desai, learned Additional Public Prosecutor, appearing on behalf of the respondent-State, have taken this Court through the judgment and order of conviction and sentence under challenge and so also the basic facts which were placed by the prosecution before the learned trial Judge. At the conclusion of the trial, it has been held that the appellant has committed the said offences on 22nd September 1988 as a public servant in discharge of his duty as Inspector of Food and Civil Supply Department, Zonal Office, Rakhial, Ahmedabad. Ex. 2 is the charge framed by the learned trial Judge against the appellant. It would be beneficial to narrate the gist of the said charge framed by the learned trial Judge because it also reflects salient basic features of the story of the case of prosecution, which is as under :

(3.) YOU, the accused, were discharging your duties as Supply Inspector in the Rakhial Zonal Office, Food and Civil Supply Authority in the month of September, 1988 and thereby, you were a public servant.