JAYANTILAL LALLUBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant-original accused against the judgment and order dated 27.02.2002 passed by the learned Special Judge, Ahmedabad in Special Case No.22 of 1995 whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.2500/-, in default, to undergo rigorous imprisonment for three months more for the offence under section 7 of the Prevention of Corruption Act, 1988 ('the Act' for short) and also convicted the appellant and sentence him to undergo rigorous imprisonment for three years and to pay fine of Rs.2500/-, in default, to undergo rigorous imprisonment for three months for the offence under sections 13(2) read with section 13(1)(d). Both the sentences were ordered to run concurrently.

(2.) The brief facts of the case of prosecution is that the complainant was a Director in Aroma Marketing Pvt. Ltd. signature and seals of the Central Excise and Custom Inspector are revived to the placed in Form RT-12. Every month for that purpose he had to meet the accused who was the Excise Inspector. For that the accused demanded an amount of Rs.2000/- every month as illegal gratification. RT-12 Form for February-1995 was to be filled in. On 06.03.1995, the complainant went to the accused for that, while he demanded an amount of Rs.2000/- as illegal gratification.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused person. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to the tried.