SHIRISHKUMAR SHANTILAL UPADHYAY Vs. THE 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.697 of 2005 is preferred by the appellant ­ Shirishkumar Shantilal Upadhyay - original accused against the judgment and order dated 30.3.2005 passed in Special Case No.6 of 1998 by learned Special Judge, 2nd Fast Track Court, Sabarkantha at Himatnagar whereby the original accused was convicted for the offences under sections 7, 13(1)(d) (i), (ii), (iii) and section 13(2) of the Prevention of Corruption Act 1988 ("the Act" for short) and sentenced him to undergo two years simple imprisonment and to pay fine of Rs.100/-, in default, to undergo further three months simple imprisonment. Whereas, Criminal Appeal No.2471 of 2005 is preferred by the State of Gujarat for enhancement of sentence against the aforesaid judgment and order of conviction.

(3.) The short facts giving rise to the present case are that the complainant met the accused for filing of the chargesheet in the case wherein her relatives were involved in the offence so that her relatives may be released on bail. It is alleged that at that time, the accused demanded Rs.1000/- and hence, the husband of the complainant paid Rs.500/- at the relevant time and thereafter the complainant herself met the accused, at that time, the accused demanded unpaid amount of Rs.500/- and directed her to pay the said amount at Pusari Out Post or at Talod Police Station. As the complainant was not willing to pay the amount of bribe, she lodged the complaint against the accused. Thereafter, the trap was arranged wherein the accused was caught red handed and thereby he has committed the offence, as alleged.