RAMANBHAI FULABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and order of conviction and sentence dated 21.10.1993 passed by the Special Judge, City Sessions Court, Court No.2, Ahmedabad City in Special Case No.29 of 1991 whereby the appellant was sentenced to undergo S.I. for a period of two years and to pay a fine of Rs.500/-, in default, he shall undergo further S.I. for a period of three months for the offence punishable under section 7 of the Prevention of Corruption Act, 1988. The accused was further convicted to undergo S.I. for a period of two years and to pay fine of Rs.500/-, in default, to undergo further S.I. for a period of three months for the offence under section 13 (1)(d)(i), (ii) and under section 13(2) of the Prevention of Corruption Act, 1988. Both the sentences were ordered to run concurrently.

(2.) The facts necessary for disposal of the present appeal, in brief, are as under:

(3.) Further investigation was carried out and thereafter the investigation papers were sent to the competent authority of the accused for obtaining requisite sanction and upon obtaining requisite sanction (Exh.17), charge sheet against the accused came to be filed before the Court on 3.10.1991. Pursuant to that, the learned Special Judge framed charges against the accused on 25.11.1991 as per Exh.2. The accused has not pleaded guilty and claimed to be tried.