VIMAL AMRUTLAL DOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal No.1660 of 2004 is preferred by the appellant-accused against the judgment dated 30.09.2004 passed by the learned Special Judge, Rajkot in Special Case No.2 of 1992 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 1 years with fine of Rs.500/- and in default 3 months of rigorous imprisonment under Section 7 of the Prevention of Corruption Act ('the Act' for short) and has also been convicted and sentenced to undergo rigorous imprisonment for 2 years with fine of Rs.1000/-, and in default rigorous imprisonment for 6 months under Sections 13(1)(d) read with 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 was awarded with the contract of collecting octroi for the financial year ending 1991 and some bills were prepared for getting sanctioned from the Manager, Gujarat State Civil Supply Department. At the relevant time, accused was working as Manager in the Gujarat State Civil Supply Department and while he approached him for getting money sanctioned for the bills, at that time, he demanded Rs.600/- as amount of illegal gratification which came to be scaled down to Rs.500/-. As the complainant was not willing to pay the amount of illegal gratification, he lodged the complaint. During the course of trap, the accused was caught red handed along with tainted currency note on 16.04.1993 and thereby the accused committed offences punishable under Sections 7, 13(1)(d) read with Section 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. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.