MAHENDRASINH GOBARSINH JHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and order of the learned Special Judge, City Sessions Court, 2nd Court, Ahmedabad city, dated 26.07.1993 passed in Special Case No.5 of 1991, whereby the trial Court has convicted the appellant herein, for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 ('Act' for short) and sentenced him to undergo Rigorous Imprisonment for a period of three years and to pay fine of Rs.500/ - and in case of default, to undergo further Rigorous Imprisonment for a period of three months. The appellant was also convicted for the offences punishable under Sections 13(1)(d)(i) and 13(1)(d)(ii) of aforesaid Act and was sentenced to undergo Rigorous Imprisonment for a period of three years and to pay fine of Rs.500/ - and in case of default, to undergo further Rigorous Imprisonment for a period of one year. However, the applicant was acquitted qua the offence punishable under Section 13(1)(d)(iii). The aforesaid sentences were ordered to run concurrently.

(2.) THE brief facts of the case are that, at the relevant point of time, original complainant -P.W. -1, herein, was doing business of plying auto -rickshaw on hire basis by paying certain rent to its owner. On 27.12.1989, in the morning at about 8:00 a.m. when P.W. -1 had gone to the Civil Hospital, Ahmedabad in search of passengers, original accused -the appellant herein, approached P.W. -1 and told him that he(the appellant) was attached to Traffic Court(Court No.13), Gheekanta, Ahmedabad and that there are about 15 to 16 N.C. complaints pending against P.W. -1, and hence, P.W. -1 has to come with him(the appellant) to the Court for the disposal of the said complaints. The appellant, then, told P.W. -1 to drive his auto -rickshaw to Kalupur Railway Station. On reaching there, the appellant told P.W. -1 to park the said auto -rickshaw in the parking stand. The appellant obtained the parking coupon for the said auto -rickshaw and instructed the person manning the parking not to release the said auto -rickshaw without his instructions and told P.W. -1 to accompany him. However, since P.W. -1 had no money with him, he(P.W. -1) requested the appellant to let him go so that he can make necessary arrangement for money to be paid towards fine, but, the appellant insisted that P.W. -1 must accompany him. Thereafter, the appellant told P.W. -1 that looking to the cases registered against him(P.W. -1), the total fine which would be imposed upon him by the Court would come to approximately Rs.500/ -, but, if he(P.W. -1)pays Rs.15/ - per complaint to him(the appellant) which would come to Rs.225/ - as illegal gratification, then the appellant would see to it that the complaints pending against P.W. -1 are disposed of without requiring his(P.W. -1's) presence. But, since P.W. -1 did not have that much money, he(P.W. -1) requested the appellant to reduce the amount, and hence, after some discussion, the appellant agreed to accept Rs.175/ - for disposal of all the complaints pending against P.W. -1. The appellant told P.W. -1 to come with the aforesaid amount at about 2:30 to 3:00 p.m. at Court No.13 on the same day. Since P.W. -1 did not want to pay any bribe to the appellant, he decided to approach A.C.B., Ahmedabad.

(3.) HEARD Mr. Shah, learned Advocate for the appellant and Mr. Pujari, learned AGP on behalf of respondent -State.