JAYANTILAL AMBALAL GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the appellant - Jayantilal Ambalal Gandhi against the judgment and order dated 10.2.1999 passed by learned Special Judge, Vadodara in Special Case No.3 of 1995 whereby the original accused - appellant herein was convicted for the offence under section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act 1988 ("the Act" for short) and sentenced him to undergo four years rigorous imprisonment and to pay fine of Rs.5000.00, in default, to undergo further six months simple imprisonment.

(2.) The short facts giving rise to the present appeal are that the complainant purchased the property on 8.2.1994 from its original owner and as the sale deed has been executed, the complainant went in the office of the City Survey Superintendent, Vadodara for entering his name in the property card and hence, for obtaining the property card, the complainant made the application on 11.4.1994 along with necessary documents. It is alleged that the complainant received the notice dated 18.4.1994 and, therefore, he met the appellant accused and that he informed the complainant that his application has been filed and that the complainant was asked to make fresh application and accordingly, the complainant made the fresh application. It is alleged that the complainant again met the appellant and the appellant made predemand for initiating the process of entering the name of the complainant. It is alleged that the appellant demanded Rs.1000.00 which was ultimately scaled down to Rs.500.00. It is alleged that as the complainant did not want to pay the bribe, he approached the ACB office and lodged the complaint before the Police Inspector, ACB. It is alleged that after following necessary procedure, trap was arranged and the accused was caught red handed.

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