MANUBHAI JAWANJI ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant original accused has preferred this appeal under sec. 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 20.9.1999 passed by the learned Special Judge, Ahmedabad City, in Special Case No.4 of 1995, whereby, the learned Special Judge has convicted the appellant accused for the offence under sec. 7 of the Prevention of Corruption Act and sentenced him to undergo R.I. of 6 (six) months and to pay a fine of Rs.300/-, in default, to undergo further R.I. for 15 (fifteen) days. The appellant is also convicted for the offence under section 13(2) of the P.C. Act and sentenced him to undergo R.I. for a period of 1 (one) year and to pay a fine of Rs.300/-, in default, to undergo further R.I. for 15 (fifteen) days, which is impugned in this appeal. The learned Judge has ordered that substantive sentences are to run concurrently.

(2.) The brief facts of the prosecution case are as under:

(3.) That one Rajendra Jivanlal Soni gave a complaint to ACB Police on 29.7.1994 mainly alleging that he had a goldsmith shop situated at Ganesh Apartments, Naroda, Ahmedabad. On 26.7.1994 at about 9:30 a.m. Sanitary Inspector of Ahmedabad Municipal Corporation named Manubhai J. Jhala came to his shop and inquired, whether he had license for hand operated machine situated in his shop ? Then complainant replied that his hand operated machine does not require any license, then Mr.Jhala told that without license, no machine can be operated and case is to be filed against you and if you want that case should not be filed against you, then he should understand something and told that Rs.1,000/- is to be paid to him. Then complainant told that he cannot pay this much amount and so finally Mr.Jhala told that Rs.200/- be paid to him at his Ahmedabad Municipal Corporation Office, at Naroda. He was called to give Rs.200/- to him on 29.7.1994 and so he has filed this complaint to police. Two panchas were called by A.C.B. police. After following the due procedure raid was carried out and Mr.Jhala was caught red handed. Thereafter, investigation was carried out and after following the necessary procedure, and on grant of sanction, the charge-sheet against the accused came to be submitted before the Court.