AMBALAL @ ANKIT LILACHAND VALANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Judgment and order dated 13.12.2001 rendered by the learned Special Judge, Court No.2, Ahmedabad in Special Case No.20 of 1988 recording conviction for the appellants in respect of the offences punishable under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act as also Section 161, 165A of the Indian Penal Code (for short IPC) and sentencing the appellant original accused no.1 Durlabhji Popatbhai Patel to a rigorous imprisonment for 6 months with a fine of Rs. 2,000/- and sentence of simple imprisonment for 1 month in default of the said fine for the offence punishable under Section 161 of IPC as also a sentence of rigorous imprisonment for 1 year with a fine of Rs. 3,000/- and a sentence of simple imprisonment for 3 months in default of the said fine for the offence punishable under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act as also sentencing original accused no.4 Ambalal @ Ankit Valani to a rigorous imprisonment for 6 months with a fine of Rs. 2,000/- and a sentence of simple imprisonment for 1 month in default of said fine for the offence punishable under Section 165A of IPC and a sentence of 1 year rigorous imprisonment with a fine of Rs. 3,000/- and further sentence of simple imprisonment for 3 months in default of the said fine for the offence punishable under Section 5(2) and 5(1)(d) of the Prevention of Corruption Act, is sought to be assailed in these Appeals under Section 378 of the Code of Criminal Procedure (for short Cr.P.C.).

(2.) At the outset it is required to be noted that in all four accused namely, accused no.1 Durlabhji Popatbhai Patel, accused no.2 Pravinchandra Jayantilal Soni, accused no.3 Manubhai Punjabhai Patel and accused no.4 Ambalal @ Ankit Lilachand Valani were tried for the above offences and eventually accused nos.2 and 3 were acquitted.

(3.) To bring home the guilt of the accused following documentary and oral evidence came to be adduced: