JAGDISHCHANDRA TRIBHUVANDAS THAKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal No.1874 of 2004 is preferred by the appellant-accused against the judgment dated 19.10.2004 passed by the rd learned Additional Sessions Judge and 3 Fast Track Court, Junagadh in Special Case (A.C.B.) No.11 of 1993 whereby the appellant No.1 has been convicted and sentenced to undergo simple imprisonment for 2 years with fine of Rs.500/- and in default 15 days of simple imprisonment under Section 7 of the Prevention of Corruption Act ('the Act' for short). The appellant No.2 has been convicted and sentenced to undergo simple imprisonment of 2 years with a fine of Rs.500/- and in default 15 days of simple imprisonment under Section 7 read with Section 12 of the Prevention of Corruption Act, 1988. Both the appellants have been also convicted and sentenced to undergo simple imprisonment for 2.5 years with fine of Rs.500/-, and in default simple imprisonment for 15 days under Sections 13(1)(d) and 13(2) of the Act. All the sentences were ordered to run concurrently.

(2.) The short facts giving rise to the present case are that the complainant was the resident of Junagadh and he was in need of copy of Sanad whereas the accused No.1 was serving as Mmaintenance Surveyor in the office of City Survey, Junagadh and the accused No.2 was serving as Peon in the office of Maintenance Surveyor. The complainant demanded the copy of Sanad, at that time, the accused raised demand of illegal gratification for Rs.200/- for supplying such copy and accepted Rs.100/- on 18.01.1993 and the remaining amount of Rs.100/- was to be paid on 19.01.1993. As he was not willing to pay the amount of illegal gratification he lodged the complaint. In response thereto, a trap was arranged on 19.01.1993. During the course of trap they came to be caught red handed along with tainted currency note of Rs.100/- and therefore committed offences punishable under Sections 7 , 12 , 13(1)(d) read with Section 13(2) of the 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 persons. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.