JETHABHAI RAMJIBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellantoriginal accused against the judgment and order dated 24.03.2004 passed by learned Special Judge (ACB), Court No.2, Ahmedabad in Special Case No.5 of 2000 whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.500/, in default, to undergo rigorous imprisonment for two months for the offence under Section 7 of the Prevention of Corruption Act, 1988 ("the Act" for short) and also convicted the appellant and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.1000/, in default, to undergo rigorous imprisonment for three months for the offence under Section 13(2) of the Act. Both the sentences were ordered to run concurrently.

(2.) The short facts giving rise to the present case are that the complaint came to be lodged against the present complainant as well as his family members at Shahibaug Police Station where the accused was serving as Assistant SubInspector and for not beating, handcuffing and producing before the Court for seeking bail, the accused demanded the amount of Rs.1000/ as illegal gratification on 26.11.1999 and initially, accepted Rs.400/ on that day and rest of the amount of Rs.600/ was required to be paid on the following day on 27.11.1999 at the police station. As the complainant was not ready to pay the said amount of illegal gratification, lodged the complaint. During the course of trap, the accused was caught raidhanded along with tainted currency notes and thereby, he committed the offence punishable under Section 7 and 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 chargesheet against the appellant accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.