JAYANTIBHAI KHODABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 15.05.2004, rendered by learned Special Judge & Additional Sessions Judge, Fast Track Court No.14, Gandhinagar in Special A.C.B. Case No. 1 of 1999, wherein the appellant was convicted for the offence punishable under Section 7 of the Prevention of Corruption Act and ordered to undergo simple imprisonment for six months and to pay a fine of Rs.500/-, in default to undergo simple imprisonment for further 15 days and also convicted for the offence punishable under Section 13 (1) (d), 1, 2, 3 read with Section 13 (2) of the Prevention of Corruption Act and ordered to undergo simple imprisonment for one year and to pay a fine of Rs.500/-, in default to undergo simple imprisonment for further one month.

(2.) The short facts giving rise to the present Appeal are that complainant ­ P.W.No.2 ­ Mr.D.K.Vaishnav was serving as a Police Inspector, A.C.B., Ahmedabad and Gandhinagar. When he was on duty on 12.11.1997, he received secret information from his own sources that the police officials, home guard personnel, R.T.O. personnel and veterinary doctors were stopping the vehicles carrying live stock passing from Gandhinagar, Ahmedabad and especially coming from Mehsana and were demanding and collecting Rs.20/- to Rs.100/- as an amount of bribe towards entry fee without following any lawful procedure. On receiving such secret information, he requisitioned the panchas, carried out necessary procedure and arranged the trap. On 13.11.1997, during the course of trap, the accused was caught red handed while accepting the amount of Rs.50/- towards bribe and thereby, committed the offence punishable under Sections ­ 7, 13 (1) (d), 1, 2,

(3.) 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 accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.