DAYALAL KALIDAS CHOTHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 05/01/2004 passed by the learned Special Judge, Third Fast Track Court, Veraval in Special (ACB) Case No.3 of 1999 whereby the appellant has been convicted for the offence punishable under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The appellant is sentenced to undergo rigorous imprisonment for a period of one year and fine of Rs.1,000/- and in default to pay fine, rigorous imprisonment for a period of three months for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988. The appellant-accused is also convicted for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs.1,500/- and in default to pay fine, rigorous imprisonment for a period of six months. It is also ordered to run both the sentence concurrently.

(2.) The short facts giving rise to the present appeal are that the original accused Dahyalal Kalidas Chothani (Dahyalal Patel) was serving as Talati-cum-Mantri, Amrapur village, Taluka Veraval whereas the complainant Valabhai Nathubhai Jadav is resident of Prashnavada, Taluka Veraval who purchased four piece of lands from one Aahir Jiva Gova Ram in the name of the complainant, his brothers Govind, Bhikhu, Parbat as well as in the name of his father by way of executing different sale deeds. Though the land came to be purchased in the year 1986, the lands were not mutated in their name. Consequently, therefore, the complainant approached the original accused in the Month of February, 1992 for mutating their name. At that time the accused demanded Rs.2,000/- as the amount of illegal gratification which came to be scaled down to Rs.1,800/- and at that time the accused also demanded and accepted Rs.100/- and Rs.1,700/- were agreed to be handed over to the accused as the amount of illegal gratification. As the complainant was not willing to pay the said amount, he approached the ACB, Junagadh and lodged the complaint. In pursuance thereof, a trap was arranged. Requisition of panchas were made and procedure of trap was made to understand to the complainant as well as other members of the raiding party. Preliminary panchnama was also drawn accordingly. Accordingly, on 24/03/1992 at 7:20 a.m., the accused was caught red handed during the trap along with Rs.1,700/- and thereby committed an offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. Hence, the complaint came to be lodged against the appellant-accused.

(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.