JASHWANTSINH UDESINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal No.932 of 2000 is preferred by the appellant-accused against the judgment dated 21.09.2000 delivered by the learned Special Judge and Sessions Judge, Nadiad in Special Case No.9 of 1996 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 6 months with fine of Rs.500/- and in default to undergo 10 days of rigorous imprisonment under Sections 7 of the Prevention of Corruption Act (for short 'the Act') and the appellant has been also convicted and sentenced to undergo rigorous imprisonment for 2 years with fine of Rs.1,500/-, and in default to undergo rigorous imprisonment for 15 days under Section 13(2) read with Section (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 Mr. N.H. Joshi was functioning as Police Inspector, Anti Corruption Bureau, Nadiad who received secret information as regard to adopting corrupt practice by police and other officials under the guise of entry fees for not carrying out any legal procedure against the violator of traffic rules and other provisions of law from the pliers of vehicle at various places of entry in the city of Nadiad. He availed the service of puntar as well as of shadow panch and laid the trap during the nocturnal hours of 15.12.1995 and during the course of trap, the appellant accused Jaswantsinh Udesinh Parmar came to be caught red handed along with tainted currency notes of Rs.100/- in the denomination of Rs.50/- each and thereby the accused 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 person. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.