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1992 Supreme(SC) 607

G.N.RAY, K.JAYACHANDRA REDDY
Ajit Kumar Vasantlal Zaveri – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Anip Sachthey, K.L.Hathi, S.K.SABHARWAL, Sakesh Kumar

Judgment

K. JAYACHANDRA REDDY,J.:- The sole appellant was tried under Section 161, I.P.C. and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (Act for short). The Special Judge, Surat acquitted him. The State preferred an appeal and the High Court reversed the order of acquittal and convicted the appellant under Section 161, I.P.C. and Section 5(1)(d) read with Section 5(2) of the Act. He was sentenced under Section 161, I.P.C. to three months R. 1. and to pay a fine of Rs. 200/ -in default of payment of which to suffer R.I. for one month. However, no separate sentence was awarded for the offence under Section 5(1)(d) read with Section 5(2) of the Act.

2. The prosecution case is that P.W. 1 started a tailoring shop in the month of January, 1976. For the purpose of furnishing his shop he applied for a loan to the Bank of Baroda and his application was pending. On 9-2-1976 he applied for a licence under the Shops and Establishments Act after paying the necessary fee. Later he went to the office of the Municipal Corporation and found the accused, an Inspector under the Shops and Establishments Act in his office and requested him for a licence. The accuse





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