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1965 Supreme(Guj) 80

N.G.SHELAT, A.S.SARELA
BHANUPRASAD HARIPRASAD DAVE – Appellant
Versus
STATE – Respondent


Advocates Appeared: G.T.NANAVATI, MAGANBHAI R.BAROT

A. S. SARELA, J.

( 1 ) THE appellant No. 1 Bhanuprasad Hariprasad Dave and appellant No. 2 Rajuji Gambhirji were accused Nos. 1 and 2 respectively in the trial Court. At the relevant time appellant No. 1 (who for convenience will be referred to as accused No. 1 hereinafter) was a Police Sub-Inspector in charge of the Navrangpura Police Station Ahmedabad and appellant No. 2 (who for convenience will be referred to accused No. 2 hereinafter) was his writer constable. The case relates to an alleged offence of acceptance of bribe by the accused No. 1 with the assistance of and through accused No. 2. The accused No. 1 was charged with an offence under sec 161 of the Indian Penal Code and sec. 5 (1) (d) read with sec. 5 (2) of Prevention of Corruption Act 1947 The accused No. 2 was charged with an offence under sec. 161 read with sec. 165a of the Indian Penal Code and sec. 5 (1) (d) read with sec. 5 (2) of Prevention of Corruption Act 1947 Both of them have been found guilty of the offences with which they were charged by the learned Special Judge Ahmedabad who by his judgment and order dated 9th of June 1964 sentenced each of them to rigorous imprisonment for two and a half years and a f












































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