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2012 Supreme(Guj) 364

Z.K.SAIYED
Manubhai Jawanji Zala – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Bomi H. Sethna, for the Appellant No. 1.
Ms. Jirga Jhaveri, APP for the Opponent No. 1.

Judgment

Z.K. Saiyed, J.—The appellant – original accused has preferred this appeal under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 20.9.1999 passed by the learned Special Judge, Ahmedabad City, in Special Case No. 4 of 1995, whereby, the learned Special Judge has convicted the appellant – accused for the offence under Section 7 of the Prevention of Corruption Act and sentenced him to undergo R.I. of 6 (six) months and to pay a fine of Rs. 300/-, in default, to undergo further R.I. for 15 (fifteen) days. The appellant is also convicted for the offence under Section 13(2) of the P.C. Act and sentenced him to undergo R.I. for a period of 1 (one) year and to pay a fine of Rs. 300/, in default, to undergo further R.I. for 15 (fifteen) days, which is impugned in this appeal. The learned Judge has ordered that substantive sentences are to run concurrently.

2. The brief facts of the prosecution case are as under:

That one Rajendra Jivanlal Soni gave a complaint to ACB Police on 29.7.1994 mainly alleging that he had a goldsmith shop situated at Ganesh Apartments, Naroda, Ahmedabad. On 26.7.1994 at about 9:30 a.m. Sanitary In














































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