MAFAJI SARDARJI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two Appeals arise out of the judgment and order rendered by Special Judge, Banaskantha, Palanpur in Special Case No. 45 of 1993 under the Prevention of Corruption Act.

(2.) MAFAJI Sardarji Vaghela came to be arrayed as accused No. 1 before the trial Court alongwith one Firdosali Akbarali Saiyed as accused No. 2. As per the prosecution case both these persons were working as Armed Police Constable at Chhapi Police Station. PSI - Shri I. D. Valamiya was working as such at Chhapi Police Station and, was investigating at Chhapi Police Station, CR No. 39 of 1991 for the offence punishable under Section 408 of Indian Penal Code. In connection with that Motiji Mohanji Parmar was called for interrogation on 10. 5. 1991 and to expedite the work it is alleged that both the persons demanded illegal gratification of Rs. 1,000/- by way of bribe. However, after some hackling the amount was fixed at Rs. 500/- with Hemraj Chetraji and Motiji Mohanji. On that day accused No. 2 was approached at about quarter past three in the afternoon who in turn asked Hemraj Chetraji to pay Rs. 500/- at a stall but the complainant refused to do so as he did not know the owner of the stall. The complainant, however, said that he did not know therefore, how to give money was the question, therefore accused No. 2 Firdosali Akbarali Saiyed called him at the room of accused No. 1. The complainant, therefore, lodged a complaint with the ACB who in turn called panch witnesses, prepared panchnama while keeping notes of denomination of Rs. 100/- each totaling to Rs. 500/- and when he approached accused No. 1 at his residence he demanded and accepted the bribe and put the money between two mattresses lying on the cot and then went for taking bath. The panch who was accompanying the first informant was standing outside the door, gave a signal to the rest of the members of the raiding party. They came and found two currency notes lying between the mattresses on the cot. Accused No. 1 was thereafter examined under ultra-violet lamp but no marks were found on his hands. The currency notes were seized, detailed panchnama in this regard was drawn and after obtaining sanction, charge-sheet was filed and Special Case No. 45 of 1993 came to be registered. Both the accused persons pleaded not guilty to the charge and came to be tried.

(3.) THE trial Court came to the conclusion that the prosecution was successful in proving case against accused No. 1 - Mafaji Sardarji Vaghela and as such convicted him for the offence punishable under Prevention of Corruption Act and sentenced him R. I. for one year with a fine of Rs. 1,500/- in default S. I. of one year. The trial Court, however, concluded that the prosecution was not successful in proving the case against accused No. 2 - Firdosali Akbarali Saiyed.