MOHANLAL GYANCHAND DHARMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant-original accused against the judgment and order dated 28.09.2006 passed by learned Special Judge (ACB), Court No.2, Ahmedabad in Special Case No.26 of 2002 whereby the appellant-accused has been convicted and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.1500/-, 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 three years and to pay fine of Rs.2000/-, in default, to undergo simple imprisonment for six months for the offence under 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 visited the office of the accused on 27.06.2002 for getting transferred shop No. 144/B/6 situated at Talavdi Char Rasta, Sardarnagar in the name of one Smt. Kavitaben Gopichand. At that time, the accused demanded Rs.500/- and also accepted Rs.300/- and rest of the amount of Rs.200/- was required to be paid on 29.06.2002. As the complainant was not willing to pay the said amount of illegal gratification, he lodged the complaint. On the day of trap, the accused came to be caught red-handed along with tainted currency notes and thereby, the accused committed an offence punishable under Section 7 and Section 13(2) of the 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 appellant-accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.