PATEL BHIKHABHAI MAGANBHAI Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 03.03.2005, rendered by the learned Special Judge (ACB), Mehsana, in Special ACB Case No. 06 of 2003, wherein the appellant-accused was ordered to undergo simple imprisonment for six months and to pay a fine of Rs. 500/- (In words Rupees Five Hundred Only), in default, to undergo simple imprisonment for further three months for the offence punishable under section 7 of the Prevention of Corruption Act, 1988 and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- (In words Rupees Five Hundred Only), in default to undergo simple imprisonment for further three months for the offence punishable under Section 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988.

(2.) The short facts giving rise to the present Appeal are that the accused was serving as a Talati cum Mantri of Village Laxmipura, Taluka - Unjha, District - Mehsana, whereas the complainant was a resident of the same village. As he was required to obtain the solvency certificate, he met the accused along with the papers for getting the same expeditiously. The accused demanded Rs. 500/- which was scaled down to Rs. 200/-. As the complainant was not willing to pay such amount towards bribe, he lodged the complaint before the ACB, Mehsana. In pursuance thereof, trap was carried out on 21.03.2003. At the time of trap, tainted currency notes were came to be recovered from the person of Ganpat Hargovan and thereby, committed the offence punishable under Sections 7, 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the charge-sheet against the accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.