- (1.)THE appellant original accused has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 30.6.1997 passed by the learned Special Judge, Rajkot, in Special Case No.14 of 1989, 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 1 (one) year and to pay a fine of Rs.500/-, in default, to undergo further S.I. for three months. The appellant is also convicted for the offence under section 13(2) r/w Section 13(1)(d) of the P.C. Act and sentenced him to undergo R.I. for a period of 2 (two) years and to pay a fine of Rs.1,000/-, in default, to undergo further SI for six months, 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: The complainant Jivanbhai Ravjibhai Tank was doing business of sale of cement in the name and style of "Raviraj Traders" in Kothariya Colony Quarter No.422. He had to obtain license for sale of cement to start another shop in Raiya Vistar Jalaram-2. He therefore had applied for getting the license. Even though 6 months had passed he was not given license by the Supply Department, Rajkot, therefore, he had made inquiry and he was told that there was no plan of his house of proposed shop and objections were taken. He had complied with the objections and also given Bank guarantee. Thereafter, he met accused who was serving as Deputy Mamlatar in the office of District Supply Office, Rajkot. Lastly, He had met the accused on 18.11.1988 and told the accused that he wanted to start his shop on Dev Diwali and requested him to issue him license. The accused told him that he may start his shop and he would get license on Monday. Thereafter, on 21.11.1988 i.e. on Monday at about 12:30 hours noon he went to the office of accused at District Supply Office at Rajkot. The complainant was told that his license is ready and it is to be sent to Taluka Mamlatdar Office. The accused told that the complainant has to strike a deal and when complainant asked accused about the same, the accused told the complainant that he would have to pay Rs.1,000/-. The complainant told that he had not brought Rs.1,000/- but he had only Rs.300/- at that time and he gave the said amount of Rs.300/- to the accused and told that remaining amount of Rs.700/- would be paid at the place wherever the accused will say. The accused told that he would come to his shop at 80 Ft. road and collect the amount. The complainant told him to come between 7:00 to 8:00 in the evening and he would be present at his shop. Thereafter, complainant approached Anti Corruption Bureau and lodged complaint. On receipt of the complaint, the Investigating Officer called the panchas and completed the necessary formalities and thereafter they proceeded at the spot in the vehicles. The vehicle was stopped at some distance from the shop of the complainant. The complainant and panch No.1 went to the shop of complainant and another panch and members of raiding party were waiting by taking their position nearby the shop of complainant. The complainant sat in his shop in revolving chair and panch No.1 sat on a chair which was on Ota of the shop. At about 7:20 p.m. the accused came on Luna Motorcycle at the shop of the complainant and complainant welcomed the accused and asked to take seat. The accused told that he is in hurry and he asked the complainant whether money are kept ready and complainant said yes. The accused demanded money and the complainant with his right hand brought out money from the pocket of his shirt and gave the same to the accused. The accused kept money in his hand and complainant asked him to count the money. Firstly, the accused refused to count them, but the complainant insisted to count them and accused counted them and kept in his hand. The complainant then gave signal by moving his left hand on his head. The raiding party thereafter rushed to the shop of the appellant and recovered the amount. 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.
Thereafter, the charge was framed against the appellant to which the appellant accused pleaded not guilty and claimed to be tried.

In order to bring home the charge levelled against the appellant - accused, the prosecution has examined witnesses and also produced documentary evidence on record of the trial Court.

(3.)AFTER examining the witnesses, further statement of the appellant-accused under Sec. 313 of Cr PC was recorded wherein the appellant-accused has denied the case of the prosecution.
After considering the oral as well as documentary evidence and after hearing the parties, learned Special Judge, Rajkot, vide impugned judgment and order dated 30.6.1997, held the appellant accused guilty of the charge levelled against him and convicted and awarded the sentence as stated herein above.