(1.) Criminal Appeal No.542 of 2005 is preferred by Anantrai Dalpatrai Joshi - appellant - original accused against the judgment and order dated 11.3.2005 passed by learned Special Additional Sessions Judge, Fast Track Court No.1, Bhavnagar in Special Case No.1 of 1994 whereby the appellant - original accused No.1 was convicted for the offence under section 7 of the Prevention of Corruption Act 1988 ("the Act" for short) and sentenced him to undergo rigorous imprisonment for two years and six months and to pay fine of Rs.1000/-, in default, to undergo further nine months imprisonment, whereas Criminal Appeal No.1634 of 2005 is preferred by the State against acquittal of original accused Nos.2 and 3. However, surprisingly, original accused Nos.2 and 3 i.e. Bhagubhai Samantbhai Khachar and Maldev Khimraj Gadhvi respectively were not impleaded as respondents accused in the said appeal and therefore, they could not be served though the said appeal appears to have been filed against their acquittal.
(2.) The short facts giving rise to the present case are that accused No.1 while he was on duty at Keriya Dhal check post on 27.7.1993 during nocturnal hours, intercepted the driver of truck No.PCJ 4881 and demanded and accepted Rs.50/- as entry fees in the nature of illegal gratification and thereby the accused committed the offence under sections 7, 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 persons. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.