ILLIAS REHMAN MIRZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant original accused against the judgment and order dated 11.03.1998 passed by learned Additional Sessions Judge & Special Judge, Surat in Special Case No.11 of 1992, whereby the appellant-accused has been convicted and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.1000/-, in default, to undergo simple imprisonment for six months for the offence under section 7 of the Prevention of Corruption Act 1988 (the 'Act' for short) and also convicted the appellant and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.1000/-, in default, to undergo simple imprisonment for six months for the offence 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 resident of Nani Naroli Taluka:- Mangrol, Dist.- Surat, purchased a house from Ukkadbhai Govindbhai and he wanted to mutate his name. For carrying out the mutation, the complainant met the accused and he, initially demanded Rs. 2000/- which was came to be reduced to Rs. 600/-. On 2.08.1991, as the complainant was not willing to pay the bribe amount, he lodged the complaint and hence, a trap was carried out on 02.08.1991 wherein the accused was caught red handed along with tainted currency notes and thereby the accused committed the offence, as alleged.

(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.