Bhogilal Punjiram vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 322

S. V. PINTO
Bhogilal Punjiram – Appellant
Versus
State Of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MR MEHUL SHARAD SHAH
For the Respondent: MS. JIRGA JHAVERI

JUDGMENT :

1. This appeal has been filed by the appellant under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction passed by the learned Special Judge (ACB), Mehsana (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 1 of 2006 on 30.10.2007, whereby, the learned Trial Court has convicted and sentenced the appellant to two years simple imprisonment and a fine of Rs. 3,000/- and in default, simple imprisonment for three months for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereafter referred to as “the PC Act” for short) and two years simple imprisonment and fine of Rs. 3,000/- and in default, simple imprisonment for three months for the offence punishable under Section 13(1)(d) of the PC Act.

The appellant is hereinafter referred to as the accused as he stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:

2.1 That the accused was working as an ASI in Vadnagar Police Station at Vadnagar, District Mehsana and was a public servant and the complainant had filed M Case No. 1/2005 befor