SHABBIR HUSSAIN REHMANBHAI MANSURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant original accused against the judgment and order dated 3.11.2003 passed by learned Special Judge, Rajkot in Special Criminal Case No.15 of 1994 whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.500/-, in default, to undergo further rigorous imprisonment for three months for the offence under section 7 of the Prevention of Corruption Act 1988 ("the Act" for short) and also convicted the appellant and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default, to undergo further rigorous imprisonment for six months for the offence 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 allotted plot No.114 in Survey No.125 of village Raiya, Rajkot as he was Government servant, whereas the accused was serving as Planning Assistant in the office of Rajkot Urban Development Authority. It is alleged that the complainant wanted occupancy certificate as he constructed the house over the said allotted plot by the Government as he being Government servant and therefore, he approached the accused on 9.5.1994 and thereafter on 13.5.1994 while the accused came for checking his house, at that time, the accused found out foul water and foul waste coming out from the toilet sock pit which was constructed on the street instead of varandah of the house and for screening the said infirmity, the accused demanded Rs.500/- as the amount of illegal gratification. As the complainant was not willing to pay the bribe amount, he lodged the complaint and hence, the trap was carried out wherein the accused was caught red handed along with tainted currency notes and thereby the accused has committed the offence, as alleged.

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