PRAVINKUMAR PARASKUMAR GOKHROO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appellant, being aggrieved and dissatisfied with the judgment and order dated 15th July 2009 passed by learned Special judge, CBI court No.3, Mirzapur, Ahmedabad has preferred this appeal under Section 374 of the Code of Criminal Procedure (In short "Cr.PC") as he was convicted for the offence punishable under Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act 1988 (hereinafter referred to as "the Act") and sentenced to undergo rigorous imprisonment for three years and pay fine of Rs. 10,000/- in default of payment of fine to suffer further simple imprisonment for three months for each of the offence in Special Case No. 45 of 2001.

(2.) The prosecution case stems from a complaint laid by Shri Vanrajsinh Dipsinh Gohil, Manager of M/s Virat Ship-Breaking Corporation, Bhavnagar on 7th June 2011 alleging that accused, who was posted and working as Inspector, Central Excise, Bhavnagar Division, Bhavnagar had demanded an illegal gratification of Rs. 10,000/- from the complainant for showing favour to the said Company of the complainant by way of dropping six show cause notices, involving demand of about Rs. 24,00,000/- issued by the department. As the complainant did not want to pay the illegal gratification, he informed the Superintendent of Police, CBI, Gandhinagar on 06.06.2001 over telephone about the demand made by the accused. On receiving instructions from the Superintendent of Police, CBI, Police Inspector Mr. V. P. Kaushik had arranged for two independent witnesses and proceeded to Bhavnagar on 7th June 2001 along with his team members and two panch witnesses. After reaching to Bhavnagar, at the office of Mr. A. D. Maru, advocate, where the complainant was present, his complaint was recorded by the Police Inspector Shri V. K. Kaushik and thereafter, completing necessary legal formalities, a trap was laid at the residence of the accused situated at Ambawadi, Bhavnagar. As per the prosecution, the accused was caught raid handed, demanding and accepting illegal gratification of Rs. 10,000/- from the complainant in presence of the independent panch witnesses. During the course of investigation, Shri G. P. Thomas, Investigating Officer, recorded statement of concerned witnesses and collected sufficient evidence including the sanction to prosecute the accused and submitted charge sheet against the accused on 28.08.2001 before the court, which was registered as Special Case No. 45 of 2001.

(3.) Thereafter, the charge for the offence punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Act was framed vide Ex. 19 on 2nd April 2007 and the same was read over to the accused. However, he pleaded no guilty and claimed to be tried.