RAMESHCHANDRA KALIDAS SUTARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant-accused against the judgment and order dated 24.02.2005 passed by learned Special Judge (A.C.B.), Fast Track Court No.3, Bharuch in Special (A.C.B.) No. 6 of 2004, whereby the accused came to be convicted for the offence under Section 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruptions Act and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs.10,000/- in default simple imprisonment for 6 months for the offence under Section 7 and further to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.2000/- in default simple imprisonment for 9 months for the offence under Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act. Both sentences were ordered to be concurrently, whereas the original complainant Iliyas Gulam Shaikh has preferred Criminal Revision Application, under section 397 read with section 401 of the Code of Criminal Procedure, seeking enhancement of sentence as such.

(2.) The short facts giving rise to the present case are that as he was not willing to pay such an amoutn of illegal gratification, he lodged a complaint before ACB on 17.01.2004 and a trap was arranged on 19.01.2004 and the accused was caught red handed and tainted currency notes was recovered from the accused and thereby the accused has committed offence punishable under Section 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

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