JATINBHAI VIDYUTBHAI VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the appellant-accused against the judgment and order dated 31.03.2005 delivered by the learned Additional Sessions Judge,5th Fast Track Court, Surat, in Special A.C.B. Case No.4 of 1992, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 1 year with fine of Rs.500/- and, in default, to undergo simple imprisonment for one month 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 two years with fine of Rs.1,000/-, and in default, to undergo simple imprisonment for one month under Section and 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 complainant-Sureshchandra received notice of stay of construction carried out by him and his brother Pravinchandra regarding illegal construction. He wanted to get the said stay vacated, and therefore, he approached the present appellantaccused. At that time, the accused was working as an Assistant Engineer in the Town Development Department, Surat Municipal Corporation, Surat, at the relevant time, the accused initially demanded Rs.1200/- as the amount of illegal gratification. As the complainant was not willing to pay the amount of illegal gratification, he lodged a complaint before the ACB. In pursuance of the complaint, a trap was laid and the accused was caught red handed along with tainted currency notes of Rs.1200/- and thereby committed offences punishable under Sections 7, and 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 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.