JASWANT DUDHABHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 15th December, 1988 passed by the learned Special Judge (C.B.I.) at Ahmedabad in Special Case no.3 of 1987 whereby the appellant-accused Jashwant Dudhabhai Gohil was sentenced to undergo R.I. for a period of one year for the offence punishable under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 ( Sthe Act for short) and to pay a fine of Rs.2500/-, in default to undergo R.I. for three months. He was also sentenced to undergo R.I. for one year and to pay fine of Rs.2500/- for the offence punishable under Section 161 of the Indian Penal Code ( S the Code S for short), in default, to undergo R.I. for three months. Both the substantive sentences were also ordered to run concurrently.

(2.) Briefly stated, the facts of the case giving rise to this appeal may be enumerated as under:

(3.) The complainant Prafulbhai Parshottambhai Patel, at the relevant time, was serving as a Foreman in a factory situated at G.I.D.C. Makarpura, Baroda, and was residing with his father Parshottambhai Desaibhai Patel at village Latipura, Taluka Padra in Baroda. According to the complainant, his father was holding two agricultural fields, in one of which there was a well. There was an underground pipe line connecting the other field with the said well which was passing from below/side of the Railway line from Jambusar to Dabhoi. Since the roots of a tamarind tree that grew up above the said pipeline had expanded and caused damage to the pipeline, water was oozing out. Therefore, after obtaining permission from the Forester Mr. Rana the tamarind tree was got cut off and the pipeline was also got repaired. In this connection, the accused called the complainant's father Parshottambhai Desaibhai Patel at Latipura Railway Station and told him that as he had committed a serious offence of cutting off the tamarind tree, he would have to be arrested. Parshottambhai Desaibhai Patel then explained to the accused the circumstances under which the tamarind tree was got cut off, but the accused demanded illegal gratification of Rs.5000/-from Parshottambhai for avoiding a case in that regard. After some persuasion, Parshottambhai Desaibhai Patel paid Rs.2000/- to the accused in the presence of one Mahendrabhai Motibhai Patel on that very day on 18th September, 1986.