NARENDRAKUMAR KALIDAS MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant - original accused against the judgment and order dated 31.12.2004 passed by learned Additional Sessions Judge & Special Judge, Dahod in Special Case No. 3 of 2004 (old Special Case No. 9 of 1999) whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 1000/-, in default, to undergo simple imprisonment for three months for the offence under section 7 of the Prevention of Corruption Act 1988 ("the Act" for short) and also convicted the appellant and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs. 1000/-, in default, to undergo simple imprisonment for three months for the offence under section 13(2) of the Act. Both the sentences were ordered to run concurrently.

(2.) The short facts giving rise to the present case are that the complainant and his nephew got injured in assault a day prior to Holi and hence, they approached the accused during nocturnal hours on that day. It is alleged that at that time, the accused demanded Rs. 50/- for carrying out their treatment and accepted the same. Thereafter, on 27.3.1999, the Investigating Officer asked the complainant for obtaining injury certificate from the concerned Medical Officer and hence, the complainant approached the accused, at that time, the accused demanded Rs. 500/- for issuance of such injury certificate and the complainant was directed to hand over the said amount on 30.3.1999. As the complainant was not willing to pay the bribe amount, he lodged the complaint and hence, the trap was carried out on 31.3.1999 wherein the accused was caught red handed along with tainted currency notes and thereby the accused has committed the offence, as alleged.

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