MAHENDRABHAI NATWARLAL CHOKSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal No.401 of 2002 is preferred by the appellant-accused against the judgment dated 20.03.2002 delivered by the learned Additional Sessions Judge and Special Judge, Panchmahal, Godhra in Special Case No.4 of 1998 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 2 years with fine of Rs.10,000/- and, in default, to undergo simple imprisonment for 3 months under Section 7 of the Prevention of Corruption Act ('the Act' for short). The appellant has also been convicted and sentenced to undergo rigorous imprisonment for 2 years with fine of Rs.10,000/- and, in default, to undergo simple imprisonment for 3 months 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 complainant purchased a residential property for a valuable consideration of Rs.4,000/- from Vora Community and the name was running along with other members of Vora Community. Consequently therefore, he approached the accused who was serving as Clerk in the office of City Survey, Godhra, for entering his name. At that time, on 03.10.1997, accused demanded Rs.300/- as the amount of illegal gratification for entering his name and thereafter he accepted Rs.50/-. Again on 06.10.1997 he met the accused, at that time also, he demanded remaining amount of Rs.250/-. As he was not willing to pay the amount of illegal gratification, he lodged a complaint on 13.10.1997 before the Anti Corruption Bureau and a trap was laid on 13.10.1997 wherein, the accused came to be caught red handed along with tainted currency notes and thereby committed offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Act.

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