IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1405 of 2005 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO: SD/-

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Approved for Reporting Yes ==========================================================

RABARI SAGARBHAI CHEHARBHAI(SINCE DECEASED) & ORS.

Versus THE STATE OF GUJARAT ==========================================================

Appearance:

MR MEHUL SHARAD SHAH(773) for the Appellant(s) No. 1.1,1.2 MR. ADITYA JADEJA, APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 03/12/2025

ORAL JUDGMENT

1. The appeal is filed by the appellant – original accused under Section 374 of the Code of Criminal Procedure, 1973 against the judgement and order of conviction passed by the learned Special Judge, Mehsana (hereinafter referred to as “the learned Trial Court”) in Special Case (ACB) No. 2/2002 on 24.06.2005, whereby, the learned Trial Court has convicted the appellant for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act” for short). The learned Trial Court, by the impugned judgment and order dated 24.06.2005, convicted and sentenced the accused to rigorous imprisonment for one year and fine of Rs. 10,000/- and in default, simple imprisonment for three months for the offence punishable under Section 7 of the PC Act and rigorous imprisonment for three years and fine of Rs. 10,000/- and in default, simple imprisonment for six months for the offence punishable under Section 13(2) read with Section 13(1)(d) of the PC Act.

1.1 During the pendency of the appeal, the appellant - original accused - Rabari Sagarbhai Cheharbhai expired on 19.12.2023 and the legal heirs have been brought on record vide an order of this Court dated 19.12.2023.

1.2 The appellant - original accused 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 The accused was working as a Talati Cum Mantri of Sawala Gram Panchayat on 23.01.2002 and was a public servant. The complainant - Hasankhan Azimkhan Khokhar had ancestral property in the outskirts of Sawala village bearing Survey Nos. 909 and 910 and the lands were registered in the Gram Panchayat record. Sarfaraz Khan – the brother of the complainant was a driver in the State Transport Corporation and had received about four vighas of land as his share in the ancestral property and voluntarily gave two vighas of land to the complainant and the name of the complainant was to be mutated into that land. The complainant had given the documents to the accused about one month prior to 22.01.2002. On 21.01.2002, at around 01.30 pm, the complainant went to the Gram Panchayat Office to inquire about his papers and at that time the accused demanded for an amount of illegal gratification of Rs. 500/-. The complainant did not have the money with him and he promised to pay the amount within a couple of days and decided to go to the Gram Panchayat Office on 23.01.2002. As the complainant did not want to pay the amount of illegal gratification, he went to the ACB Police Station, Mehsana on 22.01.2002 and the complaint of the complainant was recorded.

2.2 The Trap Laying Officer – Natwardas Bechardas Patel, Police Inspector, ACB Police Station called independent panch witnesses and the complainant gave five currency notes of the denomination of Rs. 100/- each and ASI - Balkrishna Trivedi was given the necessary instructions by the Trap Laying Officer. ASI - Balkrishna Trivedi explained the characteristics of anthracene powder and ultraviolet lamp to the complainant and the panch witnesses and conducted the demonstration in their presence and smeared anthracene powder on all the currency notes and folded