- (1.)This is an appeal arising from the judgment and order of conviction passed by the learned Special Judge, Court No.13, Ahmedabad in Special Case No.10 of 1991 dated 17.5.1993, whereby the appellant-accused was ordered to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/-, i/d, to undergo rigorous imprisonment for further 3 months for the offence punishable under Section 7 of the Prevention of Corruption Act. The appellant was also ordered to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/-, i/d, to suffer rigorous imprisonment for further three months for the offence punishable under Sections 13(2) of the Prevention of Corruption Act. Learned Judge has ordered that all the sentences shall run concurrently.
(2.)Facts in brief of the prosecution case are that on 28.3.1990, the complainant was on duty in the Company. A bottle was broken and the complainant received injury on his left leg. He took primary treatment at Bapunagar Hospital. He went to Dispensary No.D-32 of ESIC and he was asked to go back to the Doctor of Bapunagar General Hospital. At the Dispensary No.D-32 of the ESIC, Dr. Makwana asked him to come on 2.4.1990. On that day, the complainant went there. Dr. Makwana told him that until he brought the writing from the Bapunagar Hospital, according to law his case could not be taken on hand. He was asked to see the accused, who was serving in the local office of Bapunagar Hospital. On 3.4.1990, he inquired about the Doctor, another Doctor asked him to bring the case papers or case number. On 4.4.1990, as per the instructions of Dr. Makwana, he went at the local office at about 11:30 a.m., and saw the accused, who demanded Rs.100/- and also told him that out of that Doctor Makwana also would have to be given the amount. He was asked to come with Rs.100/- on the same day at 6:00 p.m. at the Dispensary No.D-32. According to the complainant, since he did not desire to give the bribe amount of Rs.100/- either to the accused or Dr. Makwana and since the complainant was convinced that his work could not be done unless the bribe amount was paid, he went to the office of ACB for lodging the complaint against the accused. Therefore, ACB Office called the two panchas and in their presence, two currency notes each of Rs.50/- were stained with anthracene powder and explained the complainant and panchas. The numbers of the currency notes recorded in the preliminary part of the panchnama. On 4.4.1990, the accused demanded a sum of Rs.100/- as illegal gratification from the complainant in the compound of the hospital and the accused accepted the said amount of Rs.100/- in spite of the fact that the accused knew that it was no his legal or lawful remuneration. It is further case of the prosecution that two currency notes each of Rs.50/- were recovered from the possession of the accused by the ACB members. The stains of anthracene powder were seen on the hands of the accused.
(3.)After usual investigation, the Investigating Agency submitted the charge-sheet. In order to bring home the charge, prosecution had examined the witnesses and got exhibited a large number of documents. The witnesses examined by the prosecution viz. PW-1, Sendhabhai Madhavlal Raval, complainant at Exhibit 12, whereas PW-2, Ramesh Ramrao Kumbhare, Sanctioning Authority, Exhibit 14, PW-3, Jitendra Sitaram Barot, Panch, Exhibit 16, P.W.4 Virsibhai Kalubhai Amliyar, Police Inspector, ACB, Exhibit 18, P.W. 5 - Kishorchandra Mohanlal Desai, Police Inspector, CBI (I.O.) Exhibit 21. Thereafter, various the documentary evidence were produced to prove the case against the accused. On closure of prosecution evidence, the accused was questioned under Section - 313 of the Code of Criminal Procedure and he denied the charges levelled against him.