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2024 Supreme(Guj) 329

S. V. PINTO
Balvantdan Pabaji Khadia – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR JAYESH A DAVE, MR MEHUL M MEHTA
For the Respondent: MS. JIRGA JHAVERI

JUDGMENT :

1. This appeal has been filed by the appellant under Section 374 of Code of Criminal Procedure, 1973 against the judgment and order of conviction passed by the learned Special Judge, Fast Track Court No. 2, Surendranagar at Limbdi, (hereinafter referred to as “the learned Trial Court”) in Special ACB Case No. 1 of 2006 on 05.05.2009, whereby, the learned Trial Court has convicted the appellant for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “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 Orthopedic Surgeon, Class-I in the R.R. General Hospital, Limbdi at Surendranagar District and the complainant – Bharatbhai Shivubhai Dodiya wanted a disability certificate and he had met the accused for the disability certificate and the accused demanded an amount of Rs. 1300/- as illegal gratification. That the complainant did not want to pay the amount of illegal gratification and went to t

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