RAJNIKANT MANILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and order of the learned Special Judge, Panchmahals at Godhra passed in Special (Corruption) Case No.1 of 1993 dated 09.05.1995 whereby the appellant was sentenced to undergo Rigorous Imprisonment for a period of one year and was ordered to pay Rs.500/- towards fine and in case of default to undergo Rigorous Imprisonment for further two months for the offence punishable under Section 7 of the Prevention of Corruption Act.

(2.) The brief facts giving rise to the present appeal are as under,

(3.) Heard, learned Counsel for the appellant as well as learned A.P.P. at length and have perused the record very carefully. Mr. Pardiwala, learned Counsel on behalf of Ms. Shilpa R. Shah, learned Advocate for the appellant has submitted that the trial Court has committed an error by not taking into consideration major contradiction in the evidence of P.W.-1 and P.W.-3 i.e. as per the say of P.W.-1- he had not met P.W.-3 prior to 6th August, 1991 whereas the say of P.W.-3 is that P.W.-1 had come to his office on 5th August, 1991, but, since P.W.-1 had forgotten some papers, he did not lodge the complaint on that day and P.W.-1 again came to his office on 6th August, 1991 and lodged complaint, which is fatal to the case of the prosecution.