IMPORTANT POINT
Import of presumptive evidence.

JUDGMENT

Dipak Misra, J.-The present appeals are directed against the judgment of conviction and order of sentence dated 14.10.2011 passed by the learned Single Judge of the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 31 of 1999 whereby the appellate court has confirmed the judgment and order of conviction and sentence dated 1st of December, 1998 passed by the learned Additional Special Judge, Bhavnagar in Special Case No. 6 of 1994, wherein the learned Additional Special Judge had convicted the appellants for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for brevity ‘the Act’) and sentenced them to undergo rigorous imprisonment of six months with fine of Rs.5,000/- each, in default of payment of fine, to suffer simple imprisonment for a period of one month and further convicted them under Section 13(2) of the Act and sentenced them to undergo rigorous imprisonment for a period of one year with a fine of Rs.5,000/- each, in default, to suffer simple imprisonment for a period of one month with the stipulation that both the sentences would be concurrent.

2.The broad essential facts of the prosecution case are that the complainant, Gajendra Jagatsinh Jadeja, was residing in Plot No. 1 in Virbhadranagar Society. As in the City Survey Office record, the name of his grandfather stood recorded in respect of the premises in question, the complainant in order to obtain the property card and the sketch of the same, went to the office of the City Survey Office, Bhavnagar on 11th March, 1994, to submit an application for the aforesaid purpose and he was asked by Mr. Jagani, Clerk in the said office to come on 15th of March, 1994. On the said date, the complainant at about 1.30 p.m. went to the City Survey Office and gave the application to Mr. Jagani, who asked him to hand over the application to Narendra Champaklal Trivedi, the appellant in Criminal Appeal No. 97 of 2012, sitting in the opposite room who told him that it would take a week’s time to prepare the said copies. The complainant made a request to Shri Jagani to expedite the matter as he had to go to meet his father with the copies and Mr. Jagani replied that it would cost him Rs.50/- to get the copies immediately. As the complainant had no money at that time he was asked by Jagani to meet Trivedi and Harjibhai Devjibhai Chauhan, the appellant in Criminal Appeal No. 98/2012 who told him that the copies would be given to him on payment and he could receive the copies between 4.30 to 4.50 p.m. As the appellant had no intention to make the payment, he approached the office of the Anti Corruption Bureau which was situate on the ground floor of his premises and gave a complaint to the Police Inspector. The concerned inspector sought assistance of two panch witnesses who were made to understand the case and thereafter experiment of U.V. Lamp was carried out with the help of anthrecene powder. Thereafter, the complainant produced the currency notes and necessary instructions were given to the complainant as well as to the witnesses. A preliminary part of the panchnama was drawn and signatures of the panchas were taken and thereafter, the complainant, the panchas and the members of the raiding party proceeded to the City Survey Office.

3.As the narration of the prosecution case proceeds, Jagani asked the complainant to meet said Chauhan and pay the money. Being instructed, they went to the room of said Chauhan and he was directed to pay Rs. 7.10 paise as fees to said Trivedi and obtain the property card and sketch. Thereafter, said Chauhan demanded money from the complaint as decided and on being asked whom to hand over the amount, Chauhan said to give it to Trivedi and Trivedi was asked to accept the amount. Thereafter, the complainant took out the money from his left pocket of the shirt and handed over to Trivedi which was accepted by Trivedi by his right hand. He counted the money by both hands and put the same in the left side pocket