IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 383 of 2004 FOR APPROVAL AND SIGNATURE:

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

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

SHOBHNABEN GIRDHARBHAI CHAUHAN Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ZUBIN F BHARDA(159) for the Appellant(s) No. 1 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, Amreli (hereinafter referred to as “the learned Trial Court”) in Special Case No. 3/2002 on 04.03.2004, 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 appellant was sentenced to rigorous imprisonment for one year and fine of Rs. 10,000/- and in default, simple imprisonment for two months for the offence 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 three months for the offence punishable under Section 13(2) read with Section 13(1)(d) of the PC Act

1.1 The appellant is hereinafter referred to as “the accused” as she 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 Gynecologist Class I in the Civil Hospital, Amreli and was a public servant. Vilasben Vajubhai Harkhani - the wife of the complainant Vajubhai Gokalbhai Harkhani had a gynecological problem and they had gone to the Civil Hospital, Amreli on 10.06.2001 in the morning and Vilasben was admitted and the accused was the treating doctor. As per the advice of the accused Vilasben had to undergo a hysterectomy operation and she demanded an amount of Rs. 2500/- as illegal gratification. After bargaining the amount was settled at Rs. 2000/-. As the complainant had Rs. 500/- with him and he went to the house of the accused at around 12.30 pm and gave the amount of Rs. 500/- to her. On the next day Vilasben had the hysterectomy surgery and the accused told the complainant to come to her house in the evening but he did not go. On 15.06.2001, when he went to give his wife her tiffin, the accused called his wife to the Nurse’s Room and he too followed and was at a distance away from the room when the accused told his wife to tell her husband to pay the remaining amount of Rs. 1500/- after 07.00 pm at her house as she would finish her duty by 07.00 pm. The complainant did not want to pay the amount of illegal gratification and went to the ACB Office, Amreli on 15.06.2001 and the complaint of the complainant was recorded.

2.2. The Trap Laying Officer, Police Inspector, KP Chaudhary called the independent panch witnesses and the complainant gave two currency notes of the denomination of Rs. 500/- each and the Trap Laying Officer took Rs. 500/- which were five currency notes of the denomination of Rs. 100/- each from the Government Trap Money. Head Constable – J.P. Parmar was given the necessary instructions and he explained the characteristics of anthracene powder and ultraviolet lamp to the complainant and the panch witnesses and the demonstration of anthracene powder and ultraviolet lamp was conducted in their presence. All the currency notes were smeared with anthracene powder and placed in the left pocket of the open shirt worn by the complainant. The necessary instructions were given to all concerned and the Panchnama Part - I was drawn. As