RAMANLAL RATANJI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Judgement and order dtd. 25/3/2004 rendered by learned Special Judge, District: Sabarkantha, Himmatnagar in Special (ACB) Case No. 4 of 1999 ordering rigorous incarceration for two years with fine of Rs.500.00 ; in default of the fine a further simple incarceration for 15 days on finding the appellant guilty of the offences punishable under Sec. 7, 12, 13(1)(d)(i)(ii)(iii) of the Prevention of Corruption Act, 1988 ( for short 'the Act') is sought to be assailed under sec. 374 of the Criminal Procedure Code, 1973 ( for short 'Cr.P.C').

(2.) The appellant was discharging his duty as public servant as unarmed head constable incharge of traffic control. The informant owned two jeep bearing registration no. RJ12C513 and GRN 821 for commuting the passengers for a fare. For the passengers, the appellant had issued few memorandums to the informant and sent it to RTO. He allegedly demanded installments of Rs.500.00 per month for forbearance of issuing false memos. The demand was allegedly made on 11/11/1998. The other accused Maganbhai ( not an appellant in this appeal) allegedly aided the crime by acting as conduit of the appellant.

(3.) On informant's lodging the complaint on 12/11/1998 with Anti Corruption Bureau(ACB), a trap was arranged at the shop of the informant's brother wherein, nonappellant allegedly accepted bribe money after the demand by the appellant. It is claimed that the demand and acceptance happened in presence of P.W.2 the shadow panch witness and of course the informant.