ASLAMBHAI RASULBHAI QURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of the same incident and involve common questions of law and facts and hence, they are being decided by this common judgment.

(2.) Criminal Appeal No.887 of 2005 is preferred by the appellant - Aslambhai Rasulbhai Qureshi, original accused No.1 and Criminal Appeal No.316 of 2006 is preferred by the appellant - State of Gujarat against the judgment and order dated 29.4.2005 passed by learned Special Judge and Additional Sessions Judge, 3rd Fast Track Court, Rajkot at Morbi in Special ACB Case No.5 of 1997 whereby original accused No. 1 was convicted for the offence under section 7 of the Prevention of Corruption Act 1988 ("the Act" for short) and sentenced to undergo three years rigorous imprisonment and to pay fine of Rs.5000/-, in default, to undergo further three months simple imprisonment and for the offence under section 13(1)(d) (1), (2), (3) read with sections 13(2) of the said Act, the original accused No.1 was sentenced to undergo three years rigorous imprisonment and to pay fine of Rs.5000/-, in default, to undergo further three months simple imprisonment and both the sentences were ordered to run concurrently, whereas original accused Nos.2 and 3 were ordered to be acquitted from the charges levelled against them.

(3.) The short facts giving rise to the present case are that the accused persons were serving in jail at Morbi and there was a food contractor who was providing tiffin facilities to the prisoners at the jail. It is alleged that on 16.1.1992 the accused demanded a sum of Rs.1000/- from the said contractor. As the complainant was not willing to pay the bribe amount, he approached the ACB office and lodged the complaint.