ROSHANLAL SHRIRAM SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and order of the learned Special Judge, Court No.4, Ahmedabad dated 29th December, 1995 passed in Special Case No.23 of 1992 whereby the trial Court convicted the appellant, herein, for the offence punishable under Section 7 of the Prevention of Corruption Act and was sentenced to undergo Simple Imprisonment for a period of six months and to pay fine of Rs.200/ - and in case of default to undergo further simple imprisonment for a period of two months. The appellant was also convicted for the offence punishable under Section 13(1)(d)(ii) read with Section 13(2)of aforesaid Act and was sentenced to undergo Simple Imprisonment for a period of one year and to pay fine of Rs.200/ - and in case of default to undergo further imprisonment for a period of two months. The aforesaid sentences were ordered to run concurrently.

(2.) THE brief facts of the case are that, at the relevant point of time, the appellant was working as Fitter Chargeman at the Loco Shed Office, Western Railway, Anand and the complainant -P.W. -1, herein, was working as 'Cleaner' under him. It is alleged that since the appellant had authority to change the duties of the employees working under him, he(the appellant) told P.W. -1 to pay Rs.50/ - per month for continuing P.W. -1's posting as Train Notice Clerk(for short 'T.N.C.').

(3.) HEARD . Learned Advocate for the appellant has submitted that the trial Court ought not to have taken the cognizance of the offence against the appellant since sanction to prosecute the appellant was not obtained from the competent Authority.