SHANKARBHAI SALIYABHAI RATHAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the appellant - original accused against the judgment and order dated 4.3.2006 passed by learned Presiding Officer and Special Judge, Vadodara in Special Case No.13 of 1994 whereby original accused was convicted for the offence under sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act 1988 ("the Act" for short) and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 2000/-, in default, to undergo further three months rigorous imprisonment.

(2.) The short facts giving rise to the present case are that upon secret information, complainant Mr.L.M.Vaghela, Police Inspector, ACB arranged for running trap on 17.1993 in the evening availing services of punter - Shyambhai Chhatarji Sirva and shadow panch - Dalpatsinh Himatsinh Parmar and while the said personnel proceeded at Octroi Naka, Chhotaudaipur, at that time, the accused was found present there and he first collected Rs. 100/- towards road tax and thereafter demanded Rs. 20/- as the amount of illegal gratification and thereby the accused committed the offence under sections 7, 13(2) read with section 13(1)(d) of the Prevention of Corruption Act 1988 ("the Act" for short).

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