MANILAL KUBERDAS THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by appellant-Manilal Kuberdas Thakkar-original accused No. 1 against the judgment and order dated 31.8.2000 passed by learned Special Judge, Court No. 13, Ahmedabad City in Special Case No. 11 of 1994 whereby original accused No. 1-appellant herein was convicted for the offence under section 7 of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs. 2000.00, in default, to undergo simple imprisonment for two months and also convicted him for the offence under section 13(1)(d)(i) and (ii) and sentenced him to undergo rigorous imprisonment for four years and to pay fine of Rs. 3000.00, in default, to undergo simple imprisonment for six months and also ordered to run both the sentences concurrently.

(2.) The short facts giving rise to the present appeal are that the complainant who was serving as driver in S.T. Corporation had unauthorizedly proceeded on leave and therefore, with a view to not dismissing him from service, the amount of Rs. 5000.00 was demanded by the accused No. 1. It is alleged that the complainant agreed to pay Rs. 2500.00 towards illegal gratification which came to be handed over to accused No. 2 on 28.8.1993. As the complainant did not want to pay the amount of illegal gratification, he approached the ACB office and lodged the complaint against the accused persons.

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