CHANDULAL @ CHANDRAKANT CHHAGANLAL DUBAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal No.1355 of 2006 is preferred by the appellant-accused against the judgment dated 12.07.2006 delivered by the learned Special Judge, Fast Track Court No.2, Surendranagar in Special Case No.3 of 1999 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 1 year with fine of Rs.2,500/- and, in default, to undergo rigorous imprisonment for 3 months under Section 7 of the Prevention of Corruption Act ('the Act' for short). The appellant has also been convicted and sentenced to undergo rigorous imprisonment for 2 years with fine of Rs.10,000/-, and in default, to undergo rigorous imprisonment for 6 months under Section 13(2) read with Section 13(1)(d) 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 was having an ancestral property in the name of his ancestors and he was in need of sketch as well as printed maps, so he met the accused who at the relevant time was serving as City Survey Superintendent in the office at Vadhvan. At that time, the accused demanded Rs.250/- as the amount of illegal gratification and Rs.50/- was paid and the remainder of Rs.200/- was to be paid at the time of delivering the copies. As he was not willing to pay the said amount of illegal gratification to the accused, he lodged a complaint and in pursuance of the said complaint, a trap came to be laid by the officers of Anti Corruption Bureau on 19.02.1999 and he was caught red handed along with tainted currency notes and thereby committed offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Act.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the charge sheet against the accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.