( 1 ) THE appellant Anantray Lalji Pandya was the accused in Special Criminal Case No. 1 of 1979 in the Court of the learned Special Judge Rajkot District Rajkot. He stood charged for the offence punishable under sec. 161 of the Indian Penal Code and sec. 5 (2) read with sec. 5 (1) (d) of the Prevention of Corruption Act 1947 and was also charged under sec. 465 of the Indian Penal Code. . . . . . . . . . . . . . . . . . . . .

( 2 ) THE Prosecution case briefly stated is as under: The accused was serving as a Revenue Circle Inspector in the Office of Mamlatdar at Jetpur at the relevant time (December 19/01/1979 and his duties as a Circle Inspector inter alia were to prepare a Rojkam alias a Panchnama of the property for the purpose of issuing solvency certificate.

( 3 ) COMPLAINANT Shri Vrajlal Nathabhai Ranpuria is a Diploma-holder in Mechanical Engineering and was doing his business in electrical goods at Virpur and the complainant was also keeping electrical contracts of Gujarat Electricity Board. In the course of his business he had filled in a tender for the installation of electric poles and lines at Lakhapadar Village in Amreli District. It was found that the tender of the complainant was the lowest and was approved by the Executive Engineer Gujarat Electricity Board. However before the contract could be finalised the complainant was required to produce a solvency certificate. It is the further prosecution case that complainant took his father to the Office of Mamlatdar Jetpur on 29-12-1978 for the purpose of issuance of a solvency certificate as the property stood in the name of his father. An Application was submitted to the Deputy Mamlatdar Jetpur on 29-12-1978 for issuance of a solvency certificate to the tune of Rs. 80 0 as against the property worth Rs. 2 lacs. The same application is at Exh. 14 on the record of the case. Complainant and his father approached the Deputy Mamlatdar one Mr. Mevada and complainant got his father signed an affidavit to be annexed with the application. The application and the affidavit were submitted to the Deputy Mamlatdar and the Deputy Mamlatdar told them that they should go to his office after three days.

( 4 ) THE complainant went and met Mr. Mevada again on 1-1-1979 but was told that as the concerned clerk was transferred he should again 80 back to the Mamlatdars office after about five days. He again went to the Mamlatdars Office on 8-1-1979 and saw Mr. Mevada who told him that as Clerk Shri Parmar was absent on duty he should again go on 10-1-1979. When again he went to the Mamlatdars Office on 10 Mr. Mevada told him to see Shri Parmar that is the concerned clerk to whom the papers were sent. The complainant met Shri Parmar who took out the papers made some endorsements thereon and forwarded those papers with the Peon to the Revenue Circle Inspector namely the accused. Complainant then went to the office of the accused. The accused accepted the papers from the Peon and respelled them. The Peon then left the office of the accused. Complainant then told the accused that he was in need of a solvency certificate and further told him that he was required to have with him a solvency certificate before 15-1-1979. He requested the accused for the early issuance of the solvency certificate. The accused told him that the issuance of the solvency certificate does not rest with him alone and the accused further told him that he had many other business on hand. Complainant told the accused that if the solvency certificate was not issued to him before 15-1-1979 he was likely to lose the contract. Accused told the complainant that he was required to go to Virpur in order to prepare a Rojkam (alias Panchnama) and that it could not be issued sitting on the table. Accused asked the complainant to go to him the next day.

( 5 ) NEXT day was 11-1-1979. Complainant went to see the accused at about 12-00 in the noon. Accused told him that he was late in the day and that how could he go