ANILSINH HATHISINH SISODIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant-original accused against the judgment and order dated 15.07.2004 passed by learned Special Judge, Amreli in Special Case No.18 of 2001 whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.10,000/-, in default, to undergo simple imprisonment for two 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 three years and to pay fine of Rs.10,000/-, in default, to undergo simple imprisonment for three months for the offence under Section 13(2) read with Section 13(1)(d) of the Act. Both the sentences were ordered to run concurrently.

(2.) The short facts giving rise to the present case are that the complainant was a resident of Village Lalka, Taluka Babara, District Amreli. A criminal case came to be lodged against the complainant which was being investigated by the accused who was serving at the relevant time as Unarmed Police Constable at Babara Police Station. The accused demanded Rs.1500/- for not beating the complainant as well as for facilitating him to get the bail. As the complainant was not willing to pay the said amount of illegal gratification, lodged the complaint before the Anti Corruption Bureau. A trap was laid on 29.12.2000.

(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.