DHARMENDRA KUMAR MOHANJI MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant-original accused against the judgment and order dated 08.11.2012 passed by learned Special Judge(CBI), C.B.I. Court No.1, Ahmedabad in Special Criminal Case No.17 of 2003 whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for three 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.5000/-, in default, to undergo rigorous imprisonment for 1 months for the offence under Section 13(1)(d) read with 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 demanded Rs. 5 lakhs as an amount of illegal gratification from the complainant on 18.06.2002, 19.06.2002 and 25.06.2002 for showing favour in income-tax related matters and thereby, he committed offence punishable under Sections 7, Section 13(1)(d) read with Section 13(2) of the provisions of Prevention of Corruption Act.

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