DHIRAJLAL KARSHANBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal No.486 of 2005 is preferred by the appellant-accused against the judgment dated 14.03.2005 passed by the learned Special Judge and Additional Sessions Judge, 5th Fast Track Court, Veraval in Special Case (A.C.B.) No.4 of 2000 whereby the appellant - accused has been convicted and sentenced to undergo rigorous imprisonment for 3 years and 6 months with fine of Rs.5,000/- and in default to undergo 9 months of simple imprisonment under Section 7 of the Prevention of Corruption Act ('the Act' for short) and also convicted and sentenced to undergo rigorous imprisonment for 3 years and 6 months with fine of Rs.5,000/-, and in default to undergo simple imprisonment for 9 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 accused Mr. D.K. Chauhan was serving as Junior Engineer and he was in-charge of Deputy Engineer with the Gujarat Electricity Board, whereas the complainant was the member of Gram Panchayat of Village-Gohil-ni-khan of Kodinar Taluka. The said Gram Panchayat undertook construction of new Gram Panchayat Office over which the over-head high tension line of 11 KV was passing and the same was required to be diverted in order to facilitate new construction. The construction was financed from the grant of the Member of the Parliament. In order to shift and divert the high tension line, the complainant approached the accused at Prachi, at that time, the accused demanded Rs.1,200/- as the amount of illegal gratification from the complainant for diverting the line and the said demand also came to be repeated by the accused on 11.09.1999 and 14.09.1999. As he was not willing to pay the said amount of illegal gratification, therefore, he lodged complaint and in pursuance thereof, a trap was laid on 16.09.1999, at that time, the appellant-accused was caught red handed along with tainted currency notes of Rs.1,200/- and thereby committed offences punishable under Sections 7 , 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988.

(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.