- (1.)The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 30.7.2001 passed by the learned Special Judge, Valsad at Navsari in Special Case No. 8/1993, whereby, the learned Judge has convicted the appellant under sec. 7 of the Prevention of Corruption Act and sentenced to undergo six months R/I and to pay a fine of Rs. 1000/-each, in default, to undergo further S/I for one month. The appellant is also convicted under sec. 13(2) of Prevention of Corruption Act and sentenced to undergo R/I for a period of one year and to pay a fine of Rs.2000/-, in default, to undergo further S/I for three months, which is impugned in these appeal.
(2.)The brief facts of the prosecution case is as under:
2.1 It is the case of the prosecution that the Police Inspector Hussein Miya Saiyed was serving as such in the year 1992 in ACB, Valsad. In March, 1992, he received a secret information that the Medical Officer Shri Gohil of Vesma Primary Health Centre is charging different amount either for giving treatment to the patient or for issuing the certificate. He, thereupon, decided to arrange a trap. Accordingly, he sought the services of a decoy patient Bharatbhai Govindbhai Tandel and two panchas, namely Bimalkumar Jawaharlal Parikh and Hasmukhbhai Ramubhai Patel from the Forest Department. Bharatbhai Tandel was selected to act as a decoy patient whereas Bimalkumar Parikh was selected to act as panch no. 1. These persons were called on 30th March, 1992 in the office and thereafter they were instructed to come at 7.00am on 31.3.1992 at Valsad ACB Office. Accordingly, the above mentioned three persons reported at multistoried building Valsad at about 7.00am. Thereafter, they proceeded to Navsari Circuit House. It is further the case that PI Saiyed produced the currency notes of Rs. 50/- in different denominations, viz. One currency note of Rs.20/- and three notes of Rs. 10/- denomination. One Shantaram was instructed to demonstrate the use of anthracene powder and to apply the same on the said currency notes. Accordingly, Shantaram applied the anthracene powder on the said currency notes and thereafter the demonstration in U.V. Lamp rays was made. The characteristics of the said powder was made aware to those three persons. After demonstrating the experiments on the currency notes and explaining the same to the above mentioned persons, preliminary part of the panchnama was prepared in the Circuit House at Navsari. It is further the case of the prosecution that the pocket of the open shirt of Bharatbhai. PI Saiyed instructed Bharatbhai to go to the accused and to request for certificate and if he demands any amount, then the same is to be given from the smeared currency notes. The panch no. 1 was instructed to remain with the bogus patient and to hear the conversation which takes place between the accused and the bogus patient and to see the passing of currency notes if any. At about 10.05am, the above mentioned three persons along with the members of the raiding party proceeded to go to Vesma and they reached to Vesma Cross Roads at about 10.25am.

Thereafter, the bogus patient Bharatbhai and panch no. 1 proceeded to the Primary Health Centre and the other members of the raiding party and panch no. 2 followed them. It is the case that Bharatbhai bogus patient, took out a case paper from the compounder and thereafter he and panch no. 1 sat on the bench outside the chamber of the Doctor. At the relevant time, the doctor was examining one patient and after he left the chamber, the bogus patient Bharatbhai was called inside. Thereupon, Bharatbhai went inside and he informed the accused that since last 2 days he was suffering from fever and he required a certificate. Thereafter, the doctor examined him and issued a certificate. He further told to get the fitness certificate on 2nd. The doctor wrote down the name on a printed certificate and signed below it and thereafter it is alleged that he demanded Rs. 10/- from the bogus patient Bharatbhai. It is stated that Bharatbhai took-out one currency note of Rs. 10/- by his right hand from the left side pocket of the shirt and gave the same to the accused who accepted the same by his left hand and thereafter he transferred it to his right hand and put the same in his bush-shirt pocket. When the bogus patient Bharatbhai was going out of the chamber, Doctor instructed him to give blood for testing and thereafter Bharatbhai came to the compounder, gave the case paper to him and he made a proposed signal by raising his hand on head. Thereupon, the members of the raiding party and panch no. 2 rushed into the chamber of the doctor. It is further the case of prosecution that after entering into th chamber of doctor, PI Saiyed introduced him as ACB Officer and told the accused to remain as it is. It is further the case that thereafter the accused were caught red handed and after nabbing the accused, the muddamal notes were recovered and the receipt in that regard was given to the accused from whom notes were seized. Necessary permission to prosecute the accused was obtained and on receiving the sanction and other materials on record, statements of witnesses were also recorded. The accused came to be chargesheeted, as stated above, for the alleged offence punishable under section 7, and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, which was numbered as Special Case No. 8/1993.

(3.)The accused was charged vide at Ex. 6. The appellant accused pleaded not guilty and claimed to be tried.