BHASKAR RAMCHANDRA PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is directed against the judgment and order passed in Special Case No. 12 of 1998 by the learned Special Judge, City Civil and Sessions Court, Ahmedabad dated 17.4.2003 recording conviction of the Appellant - Original Accused for the offence under Section 7 as well as 13(2) of the Prevention of Corruption Act (hereinafter referred to as "the Act") imposing RI for 1 1 years and fine of Rs. 2500/- for the offence under Section 7 of the Act and also imposing RI for 2 years with fine of Rs. 2500/- for the offence under Section 13(2) of the Act and in default RI for 2 months.

(2.) The facts of the case briefly summarized are that PW-1 - Ramasankar Rajaram Gupta was working as loading rickshaw driver, and a decoy trap was arranged, where the accused is said to have demanded illicit gratification for allowing the rickshaw to be plied without license and also carrying t he scooter in rickshaw. It is also the case of the prosecution that the accused stopped the vehicle and thereafter inquired as to whether the PW-1 is having the license or else he will have to pay the fine. Thereafter, when it was stated to him that he does not have the license, the accused.is said to have demanded Rs. 25/- towards the illicit gratification for allowing him to go. PW-1 is said to have offered Rs.. 20/- which the accused is said to have stated "lav" and thereby accepted. Raiding party in the meanwhile came there and the panchnama was prepared for recovery of the currency notes tainted with anthracene power.

(3.) Thereupon a complaint was lodged with ACB, Ahmedabad, on the basis of which it has been registered as Special Case No. 12 of 1999 and the learned Special Judge, City Civil and Sessions Court, Ahmedabad after framing the charges proceeded with the trial.