JAYPRAKASH KISHOREBHAI SURTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant original accused against the judgment and order dated 09.04.2004 passed by learned Additional Sessions Judge (Fast Track Court No.1) , Bharuch in Special (A.C.B.) Case No.2/99 whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.50, 000/-, in default, to undergo simple imprisonment for five 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 five years and to pay fine of Rs.50, 000/-, in default, to undergo simple imprisonment for five 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 accused Mr. Surti was in-charge and was serving as Assistant Engineer with the then Gujarat Electricity Board at Ankleshwar whereas the complainant Mahendrabhai Supabhai Patel was a contractor who constructed a society wherein a temporary connection was obtained which was to expire on 24th May, 1998 and he was in need of permanent connection and therefore he approached the accused, at that time, the accused initially demanded Rs.2, 50, 000/- for releasing such permanent connection in favour of complainant which was scaled down to Rs.1, 75, 000/- during the course of their negotiation and in lieu thereof he handed over Rs.40, 000/- as installment and the rest of the amount of Rs.1, 35, 000/-was agreed to be handed over to the accused on 26th May, 1998 at the residence of accused. As he was not willing to pay the aforesaid amount, he lodged the complaint and trap was arranged by the Anti Corruption Bureau, Bharuch and during the course of trap, as the accused had come to know the presence of A.C.B. personnel, he did not accept and the trap remained unsuccessful and thereby the accused committed the offence punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 and thereby the accused has committed the offence, as alleged.

(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.