ISHWARBHAI RAMABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal No.2601 of 2005 is preferred by the appellant-accused against the judgment dated 16.12.2005 passed by the learned Special Judge, Palanpur in Special Case No.35 of 1997 whereby the appellant has been convicted and sentenced to undergo simple imprisonment for 6 months with fine of Rs.3,000/- and in default to undergo 3 months of simple imprisonment under Sections 7, 12 read with Section 13(2) of the Prevention of Corruption Act ('the Act' for short).

(2.) The short facts giving rise to the present case are that the present appellant was serving as Peon whereas acquitted co-accused Kiritkumar Chauthalal Shah was the Inspector of Motor Vehicle. On 10.07.1996 at the Tharad Check Post at about 8:40 am, while the punter-Muktaram Bhikharam Chaudhari was proceeding upon his truck bearing No.GJ-9-T-5891, carrying 13 ton cement upon his truck, he was intercepted by the accused-appellant and demanded Rs.200/- as the amount of illegal gratification and in pursuance thereof, the punter handed over the amount which he accepted and was caught red handed alongwith tainted currency notes of Rs.200/- and thereby commented offences punishable under Section 7, 13(2) read with Section 13(1)(d) of the Act.

(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.