BANSHI LAL BAGHELA Vs. STATE

JUDGEMENT

(1.) In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

(2.) This criminal appeal under Sec. 374 Cr.P.C. has been preferred against the judgment 13/10/2000 passed by the learned Special Judge (Sessions Judge), Prevention of Corruption Act, Jodhpur in Criminal Case No.176/97, whereby the present accused-appellant was convicted for the offence under Sec. 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'Act of 1988') and was sentenced to undergo one year's rigorous imprisonment and a fine of Rs.3000.00, in default of payment of which, he was to undergo further three months simple imprisonment; for the offence under Sec. 13(1)(d)(2) of the Act of 1988, he was sentenced to undergo two years rigorous imprisonment and a fine of Rs.6000.00, in default of payment of which, he was to undergo further six months simple imprisonment.

(3.) Brief facts of this case, as placed before this Court by Mr. J.S. Choudhary, learned Senior Counsel assisted by Ms.Sampatti Choudhary appeared on behalf of the accused-appellant, are that on 23/2/1996, one Jay Shankar (PW-1) submitted a written complaint (Ex.P.2) before the Additional Superintendent of Police, ACB Chowki, Jodhpur, alleging therein that his wife, who was working as A.N.M. in the Medical Department, expired on 17/8/1995. It was further alleged that a bill of an amount of Rs.42,450.00 towards the insurance was pending with the said Department. It was also alleged that the complainant approached the present accused-appellant, who at the relevant time, was the Medical Officer, PHC Banar, but the present accused-appellant demanded illegal gratification from the complainant for doing the needful.