IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1727 of 2004 FOR APPROVAL AND SIGNATURE:

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

==========================================================

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

DANSINH RUPSINH PARMAR Versus THE STATE OF GUJARAT ==========================================================

Appearance:

MR MB PARIKH(576) 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 : 11/02/2026

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 Additional Sessions Judge, Second Fast Track Court, Amreli (hereinafter referred to as “the learned Trial Court”) in Special Case (ACB) No. 47/1997 on 30.09.2004, whereby, the learned Trial Court has convicted the appellant for the offence punishable under Sections 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 three years and fine of Rs. 5000/- and in default, rigorous imprisonment for six months for the offence under Section

13(1)(d) read with Section 13(2) of the PC Act.

1.1 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 The accused was working as the Talati Cum Mantri of Galkotdi Gram Panchayat, Taluka Babra, District Amreli and was a public servant. The complainant - Devarajbhai Gordhanbhai Navapariya, a resident of Galkotdi village had purchased two plots in the names of his son Suresh and his cousin Madhabhai from Bachubhai Raghavbhai Bavaliya of village Galkotdi about one and a half years prior to 27.05.1997 and the names of the owners were not mutated in the revenue record. The complainant met the accused and asked him to mutate their names in the revenue record but the accused demanded an amount of Rs. 400/- for the same. The complainant agreed to pay the amount and about three days prior to 27.05.1997, the accused called the complainant and the complainant went to the office of the Gram Panchayat but as other persons were sitting there, he did not have any conversation about the money. As the complainant was leaving for home, the accused followed him and inquired about the amount and the complainant told him that he would give the same after two days. The complainant had also purchased an old house from Maganbhai Virjibhai Vasani and his name was not mutated in the record and had to go and give the papers of the house for mutating his name in the record. As the complainant did not want to pay the amount of illegal gratification, he went on 27.05.1997 to the ACB Police Station, Amreli and the complaint of the complainant was recorded.

2.2 The Trap Laying Officer, Police Inspector – Vikramsinh Jivatsinh Puwar, ACB Police Station, Amreli called the panch witnesses and the complainant gave eight currency notes of the denomination of Rs. 50/- each. Police Sub-

Inspector - Pancholi, under the instructions of the Trap Laying Officer, conducted the demonstration of anthracene powder and ultraviolet lamp and explained the characteristics of the anthracene powder and ultraviolet lamp to the complainant and the panch witnesses. All the currency notes were smeared with anthracene powder and placed in the left shirt pocket of the complainant and necessary instructions to all concerned were given. The Panchnama Part-I was drawn and the signatures of the panch witnesses as also the Trap Laying Officer was affixed on the Panchnama Part-I. As decided, the complainant, panch witnesses and members of the raiding party went