RAMCHANDRA SADHURAM TAKHTANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by appellant - original accused against the judgment and order dated 16.7.2003 passed by learned Special Judge, Ahmedabad in Special Case No.30 of 1994 whereby original accused - appellant herein 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 three years and to pay fine of Rs.10, 000/-, in default, to undergo further rigorous imprisonment for six months and also convicted the accused for the offence under section 13(2) read with section 13(1) (d) of the said Act and sentenced him to undergo rigorous imprisonment for three years and to pay fine of Rs.10, 000/-, in default, to undergo further rigorous imprisonment for six months. It is also ordered that both the substantive sentences shall run concurrently.

(2.) The short facts giving rise to the present appeal are that complainant - Mukundbhai Davalbhai Rathod was dealing in the auto spare parts and also running the business in the name and style of M/s Omni Forging (Gujarat) Private Limited at Rajkot. It is alleged that the complainant was handling the affairs of the payment of excise for the said project, due to which, he used to visit the office of the Central Excise at Rajkot frequently. At the relevant time, the accused was serving as Superintendent at Bamanbore and the accused visited the factory of the complainant for about 2 - 3 times. It is alleged that at that time, for not raising any dispute as regards to the affairs of the factory as well as not creating any hindrance in the export procedure, the accused demanded Rs.300/- and Rs.500/-, total Rs.800/- as installment for the month of April 1994. It is alleged that the complainant himself has handed over in person to the accused Rs.800/-. It is alleged that while the complainant did not pay the amount of installment for the month of May 1995 while he visited the office of the accused on 6.6.1994, the accused demanded the said amount of illegal gratification and the complainant was directed to pay the said amount within two days and even on 8.6.1994, the accused also raised such demand by way of telephone call to the complainant. It is alleged that as the complainant was not willing to pay the said amount of illegal gratification, he lodged the complaint before the ACB at about 130 noon and thereafter, trap was arranged on the said day and the accused was caught red handed accepting the amount of illegal gratification. Therefore, 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 original accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.