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2011 Supreme(Guj) 540

Z.K.SAIYED
NARENDRA CHAMPAKLAL TRIVEDI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
K. J. Shethna, for Appellant Nos. 1 and 2.
H. L. Jani, A.P.P., for the Opponent.

JUDGMENT

Z. K. SAIYED, J. The present appeal, filed under Sec. 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 1st December, 1998 passed by the learned Additional Special Judge, Bhavnagar, in Special Case No.6 of 1994 (A.C.B.) whereby the learned Special Judge was pleased to convict the appellants for the offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 and sentenced them to undergo rigorous imprisonment for a period of six months with fine of Rs. 5,000/- each, and in default of payment of fine, sentenced them to undergo simple imprisonment for a further period of one month. The appellants were also convicted for the offence punishable under Sec. 13(2) of the Prevention of Corruption Act, 1988 and were sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs. 5,000/- each, and in default of payment of fine, sentenced them to undergo simple imprisonment for a further period of one month. However, both the sentences were ordered to run concurrently.

2. As per the case of the prosecution, the complainant was residing in Plot No. 1 in Virbhadranagar Society. In the




















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