DEVENDRABHAI JAYASHANKARBHAI JOSHI Vs. 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 2.12.2003 passed by the learned Special Judge, Amreli, in Special Case No.85 of 2001, whereby the learned Judge has convicted the appellant-accused under section 7 of the Prevention of Corruption Act, 1988 and sentenced him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 2,500/in default to undergo simple imprisonment for 15 days more. The learned Judge also convicted him under Sections 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 5,000/in default to undergo simple imprisonment for one month more.

(2.) The short facts giving rise to the present appeal are that complainant Jaysukhbhai Laljibhai Kaswala was residing in Village Mota Bhandaria, District Amreli and he was engaged in the business of cement in the name and style of "Ashish Cement Products". Three months prior from the date of complaint, an advertisement was published by the Forest Department in "Sandesh" daily newspaper wherein the villagers were invited to install wire fencing around their agricultural land with subsidy of 50%. Thereafter, complainant along with some villagers approached the office of Deputy Conservator of Forest at Dhari and met Ranger Mr. Vader and submitted their proposal for installing wire fencing and in proposal, the complainant mentioned that 2400 meters wire fencing was required to be installed with the rate of Rs. 170/per meter. Ranger Mr. Vader informed the complainant that the Forest Department would provide him all materials including wire, cement poles, etc. and he would have to only arrange manual labour. After completing the work of fencing, the complainant submitted bill of Rs. 86,600/for 2400 meter at the rate of Rs. 36/per meter before the Forest Department whereas Ranger Mr. Vader passed Rs. 72,000/for 2400 meter at the rate of Rs. 30/per meter and deducted 14,400/towards his own commission and Mr.Vader told the complainant to pay Rs. 4,800/towards commission to appellant Devendrabhai Jayashankar Joshi who, at the relevant time, was serving as class III employee in the Forest Department which was then negotiated Rs. 3,000/. As the complainant was not willing to pay the bribe amount, he contacted ACB Office at Rajkot. Thereafter a trap was arranged and ultimately the accused was caught red handed and tainted currency notes was recovered from the possession of the accused. Thereafter, seizure memo and other procedure in relation to the trap, was carried out in presence of the panchas. Hence, a complaint came to be lodged against the appellant accused for the offences 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 appellant accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.