RAMBHAI HAJABHAI GARANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Present Criminal Appeal Is Preferred By The appellant against judgment dated 25.02.2004 passed by learned Special Judge, Amreli in Special Case No.13 of 2001 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for one year with fine of Rs.10, 000/ and in default, two months' simple imprisonment under Section 7 of the Prevention of Corruption Act, 1988 ('the Act' for short) and is also convicted and sentenced to undergo rigorous imprisonment for three years with fine of Rs.10, 000/, and in default, simple imprisonment for three months under Section 13(2) read with 13(1) (d) of the Act. Both the sentences were ordered to run concurrently.

(2.) The Short Facts Of The Present Case Are That The accused was serving as Medical Officer at Primary Health Center, Chalala, District Amreli. The wife of the complainant was suffering from back pain, therefore his wife and sisterinlaw visited the hospital and met the accused. As wife of the complainant was to be operated, the accused demanded Rs.1700/ towards fees which the complainant handed over in relation to such operation which was an amount of illegal gratification and thereby, the accused committed an offence punishable under Section 7, Section 13(2) read with Section 13(1) (d) of the Act.

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