RADABHAI LALJIBHAI SONAGARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.11.1994 passed by the learned Special Judge, Jamnagar in Special Case No.3/86 whereby the appellant, Rudabhai Laljibhai Sonagara was convicted and sentenced to suffer R.I. For two years and fine of Rs. 500/-, in default, further R.I. for six months in respect of offence punishable under section 5(2)(d) of the Prevention of Corruption Act. The appellant was also sentenced to suffer R.I. for one year for the offences punishable under section 161 of the Indian Penal Code. Both the substantive sentences were ordered to run concurrently.

(2.) The complainant-Maheshkumar Jayantilal Kakkad of Dwarka was residing with his mother Manglaben and his father was residing separately from his mother. The father of the complainant, by executing sale deed dated 31.1.1985, transferred an open plot of land in favour of Manglaben. The complainant wanted the said plot to be mutated in the name of his mother Manglaben and hence he has got prepared an application dated 20.8.1985 along with xerox copy of the sale deed and produced them before Talati-cum-Mantri, Dwarka Nagar Panchayat (the accused) for getting the said plot mutated in the Government record. On receipt of the said application, the appellant-accused told the complainant that the said work would not be done unless payment is made and asked the complainant to see him on the next day. After two days, the complainant again went to the accused and told him that by any means, he wanted to get the work done expeditiously and he was willing to please the accused by making the payment. According to the say of the complainant, the accused demanded an amount of Rs. 100/-. The complainant told the accused to reduce the amount as it was a bit high. The accused refused to do so and insisted for Rs. 100/-. On 21.8.1985, the complainant went to the office of the accused. At that time also the accused asked whether he had got the money, to which the complainant replied in negative. The accused again told the complainant that unless the money was not paid, his work would not be done. Thereafter, the accused told the complainant see him on 21.8.1985 for making the payment in his office with extract of account book (khatavahi) of his mother. Ultimately, the complainant agreed to make the payment. As the complainant did not want to pay bribe to the accused, he went to the office of the Anti Corruption Bureau, Jamnagar and met Mr G.K. Raval, ACB Inspector on 22.8.1985 and lodged complaint against the accused. Mr Raval, called two panchas and the complaint was read over to them and the panchas put their signatures on the complaint. The complainant and the panchas were introduced to each other. The complainant had produced one currency note of Rs. 100/- and anthracene powder was smeared on the currency note and the currency note was tested under ultraviolet lamp and glowing marks of bluish powder were seen. The experiment was explained to the panchas and to the complainant. The currency note was then put into the pocket of the bush shirt of the complainant and the Investigating Officer, Mr Raval and panch No.1 were instructed to approach the accused for mutation of the plot in the name of Manglaben and if the accused demands, give the accused the tainted currency note of Rs.100/- and on his acceptance, signal to the ACB team. Panch no.1 was told and instructed to hear the conversation between the complainant and the accused and to witness the exchange of the tainted currency note. Preliminary panchnama was then prepared. All the members of the raiding party proceeded from Jamnagar to Dwarka by the Government jeep and they reached Dwarka at about 3.30 p.m. The vehicle was parked near the shop of one carpenter. The complainant and panch No.1 on foot went to the office of Dwarka Nagar Panchayat. The office of the Talati was closed and they waited upto 6.30. p.m. The Talati (accused) came in the evening and he told the complainant that he had to go for inspection and therefore, the complainant should go at 10.30 a.m. on the next day. The complainant and panch no.1 informed the same to Mr Raval, who prepared panchnama accordingly which was signed by the panchas. On 23.8.1985 (next day) at about 9 a.m. they left for Dwarka. Again, the complainant and panch no.1 went to the office of the accused. As per instructions of the I.O., the complainant sat on a chair opposite to the table of the accused and panch no.1 sat on a bench beside the chair of the complainant. The complainant produced extract of khatavahi of the plot along with the application and xerox copy of the documents. Thereupon the accused, on verifying from the records of his office, made calculation on the reverse side of the application itself and told the complainant that he has to pay Rs.90.75 as Government dues. As the complainant had not brought any money other than the tainted currency note, he borrowed Rs.100/- from panch no.1 and gave to the accused. At that time the accused demanded the bribe amount of Rs.100/- saying that he should now pay the dues. The complainant then took out the tainted currency note from his bush-shirt pocket and handed over the same to the accused who had accepted it and kept both the currency notes in his right palm. The complainant was offered tea by the accused and told his peon to bring tea. The complainant, on the pretext of showing sympathy to the peon of his old age, went outside and signalled and the raiding party members rushed to the office of the accused. The accused was going to the Nagar Panchayat office which was on the first floor of his office. From the stair case itself, the accused was stopped by Mr Raval introduced himself as P.I. of ACB and necessary formalities - such as experiment of ultraviolet lamp was carried out and the marks of anthracene powder were found on both the hands as also the right palm of the accused and the number of the currency note on which the anthracene powder was smeared which was written in preliminary panchnama, was also found to be tallying. The tainted currency note, the application dated 20.8.1985 and xerox copy of the sale deed were attached. Receipts were given to the accused with the signatures of raiding officer Mr G.K. Raval and the panchas and second part of the panchnama was completed. Mr Raval had recorded explanatory statement of the accused and also the statements of the peon, Shankarlal Chunilal and Bharat Mangaldas Chandarana and they all left for Jamnagar and the offence against the accused was registered and investigation was carried out and at the end of the investigation charge sheet was filed against the present appellant-accused for the above referred offences. The papers were submitted for the sanction to prosecute the accused to the competent authority and the Deputy District Development Officer has granted sanction vide order dated 28.1.1986. The accused was then arrested and was produced before the Special Court, Jamnagar along with the chargesheet.

(3.) The learned Special Judge has framed charge Exh.3 for the above referred offences. The present appellant-accused denied the said charges and claimed to be tried. To prove its case, the prosecution has examined the following witnesses: