VITHALBHAI PANCHABHAI SIDPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal No.393 of 2005 is preferred by the appellant-accused against the judgment dated 14.02.1998 passed by the learned Additional Sessions Judge and 3rd Fast Track Court, Junagadh in Special Case (A.C.B.) No.3 of 1998 whereby the appellant accused has been convicted and sentenced to undergo simple imprisonment for 6 months with fine of Rs.500/- and in default 15 days of simple imprisonment under Section 7 of the Prevention of Corruption Act ('the Act' for short) and also convicted and sentenced simple imprisonment for 1 year with fine of Rs.500/-, and in default simple imprisonment for 15 days under Section 13(1)(d) read with 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 appellant accused was serving as Medical Officer in the Community Health Centre, Mendarda. While he was at his house during noon hours on 01.08.1996. At that time, the complainant along with shadow panch visited the house of accused and after treating him and administering injection demanded and accepted Rs.10/- as amount of illegal gratification, though, he was receiving non-practicing allowance and thereby he committed the offence punishable under Sections 7, 13(1)(d) 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 person. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.