KALIDAS SOMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE judgment and order of conviction and sentence passed by the ld. Special Judge of District Panchamahals at Godhara dated 30.05.1992 in Special (ACB) Case No.1/1989 is challenged by the appellant accused by filing present Criminal Appeal under section 379(4) of CrPC. While admitting the Criminal Appeal, this Court also directed to hear Cri. Misc. Application No. 6238/2001 along with the present Criminal Application while extending the bail already granted to the appellant accused earlier till the final disposal of the criminal appeal.

(2.) AFTER evaluating the oral evidence led by seven prosecution witness and other relevant documentary evidence, the ld. Special Judge held the appellant accused guilty of the offence punishable under section 5(1)(d) of the Prevention of Corruption Act (Old) (hereinafter referred to as the PC Act) read with section 161 of the Indian Penal code and sentenced him under section 5(2) of the PC Act to undergo R/I for 1 Year and to pay a fine of Rs/500/ (Rs. Five hundred only) I/d to further undergo S/I for 1 month. However, no separate sentence was awarded for the offence punishable under section 161 of the Indian Penal Code.

(3.) MR . KB Anandjiwala, ld. Counsel appearing for the appellant accused has taken me through the entire judgment under challenge and various grounds assailing the legality and validity of the judgment under challenge mentioned in the memo of the appeal. It is submitted the finding recorded by the ld. Special Judge is erroneous on the grounds mentioned in the memo of the appeal because the prosecution has failed to prove the charge beyond reasonable doubt against the appellant accused. For the sake of convenience, the appellant has been referred to as "the appellant accused" and/or "the accused."